Enrolled Copy HB 218 1 BALLOT MEASURE AMENDMENTS

Enrolled Copy H.B. 218

1 BALLOT MEASURE AMENDMENTS

2 2022 GENERAL SESSION

3 STATE OF UTAH

4 Chief Sponsor: Jordan D. Teuscher

5 Senate Sponsor: Jerry W. Stevenson

6

7 LONG TITLE

8 General Description:

9 This bill amends provisions relating to ballot measures.

10 Highlighted Provisions:

11 This bill:

12 < defines terms;

13 < modifies provisions relating to a ballot title for a constitutional amendment;

14 < establishes a process for the electronic collection of signatures, in the presence of a

15 signature gatherer using an approved device, as follows:

16 C for a statewide referendum, or a petition seeking the nomination of a registered

17 political party; or

18 C for a local initiative or a local referendum;

19 < limits eligible signatures on a petition to registered voters;

20 < modifies criminal provisions in relation to eligibility to sign a petition;

21 < provides for the security of signatures and information collected in relation to

22 signatures; and

23 < makes technical and conforming changes.

24 Money Appropriated in this Bill:

25 None

26 Other Special Clauses:

27 This bill provides a special effective date.

28 Utah Code Sections Affected:

H.B. 218Enrolled Copy

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29 AMENDS:

30 10-9a-509, as last amended by Laws of Utah 2021, Chapters 140 and 385

31 11-14-301, as last amended by Laws of Utah 2021, Chapter 140

32 17-27a-508, as last amended by Laws of Utah 2021, Chapters 140 and 385

33 20A-1-306, as last amended by Laws of Utah 2019, Chapter 24

34 20A-1-609, as last amended by Laws of Utah 2021, Chapters 140 and 418


36 20A-7-103, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 20

37 20A-7-203, as last amended by Laws of Utah 2021, Chapters 140, 418 and last

38 amended by Coordination Clause, Laws of Utah 2021, Chapter 418





43 20A-7-206.3, as last amended by Laws of Utah 2019, Chapter 210







50 20A-7-304.5, as enacted by Laws of Utah 2021, Chapter 418







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84 20A-9-408, as last amended by Laws of Utah 2021, Second Special Session, Chapter 6

85 ENACTS:

86 20A-7-215, Utah Code Annotated 1953














100

101 Be it enacted by the Legislature of the state of Utah:

102 Section 1. Section 10-9a-509 is amended to read:

103 10-9a-509. Applicant's entitlement to land use application approval --

104 Municipality's requirements and limitations -- Vesting upon submission of development

105 plan and schedule.

106 (1) (a) (i) An applicant who has submitted a complete land use application as described

107 in Subsection (1)(c), including the payment of all application fees, is entitled to substantive

108 review of the application under the land use regulations:

109 (A) in effect on the date that the application is complete; and


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110 (B) applicable to the application or to the information shown on the application.

111 (ii) An applicant is entitled to approval of a land use application if the application

112 conforms to the requirements of the applicable land use regulations, land use decisions, and

113 development standards in effect when the applicant submits a complete application and pays

114 application fees, unless:

115 (A) the land use authority, on the record, formally finds that a compelling,

116 countervailing public interest would be jeopardized by approving the application and specifies

117 the compelling, countervailing public interest in writing; or

118 (B) in the manner provided by local ordinance and before the applicant submits the

119 application, the municipality formally initiates proceedings to amend the municipality's land

120 use regulations in a manner that would prohibit approval of the application as submitted.

121 (b) The municipality shall process an application without regard to proceedings the

122 municipality initiated to amend the municipality's ordinances as described in Subsection

123 (1)(a)(ii)(B) if:

124 (i) 180 days have passed since the municipality initiated the proceedings; and

125 (ii) the proceedings have not resulted in an enactment that prohibits approval of the

126 application as submitted.

127 (c) A land use application is considered submitted and complete when the applicant

128 provides the application in a form that complies with the requirements of applicable ordinances

129 and pays all applicable fees.

130 (d) A subsequent incorporation of a municipality or a petition that proposes the

131 incorporation of a municipality does not affect a land use application approved by a county in

132 accordance with Section 17-27a-508.

133 (e) The continuing validity of an approval of a land use application is conditioned upon

134 the applicant proceeding after approval to implement the approval with reasonable diligence.

135 (f) A municipality may not impose on an applicant who has submitted a complete

136 application a requirement that is not expressed in:


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137 (i) this chapter;

138 (ii) a municipal ordinance; or

139 (iii) a municipal specification for public improvements applicable to a subdivision or

140 development that is in effect on the date that the applicant submits an application.

141 (g) A municipality may not impose on a holder of an issued land use permit or a final,

142 unexpired subdivision plat a requirement that is not expressed:

143 (i) in a land use permit;

144 (ii) on the subdivision plat;

145 (iii) in a document on which the land use permit or subdivision plat is based;

146 (iv) in the written record evidencing approval of the land use permit or subdivision

147 plat;

148 (v) in this chapter; or

149 (vi) in a municipal ordinance.

150 (h) Except as provided in Subsection (1)(i), a municipality may not withhold issuance

151 of a certificate of occupancy or acceptance of subdivision improvements because of an

152 applicant's failure to comply with a requirement that is not expressed:

153 (i) in the building permit or subdivision plat, documents on which the building permit

154 or subdivision plat is based, or the written record evidencing approval of the land use permit or

155 subdivision plat; or

156 (ii) in this chapter or the municipality's ordinances.

157 (i) A municipality may not unreasonably withhold issuance of a certificate of

158 occupancy where an applicant has met all requirements essential for the public health, public

159 safety, and general welfare of the occupants, in accordance with this chapter, unless:

160 (i) the applicant and the municipality have agreed in a written document to the

161 withholding of a certificate of occupancy; or

162 (ii) the applicant has not provided a financial assurance for required and uncompleted

163 landscaping or infrastructure improvements in accordance with an applicable ordinance that the


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164 legislative body adopts under this chapter.

165 (2) A municipality is bound by the terms and standards of applicable land use

166 regulations and shall comply with mandatory provisions of those regulations.

167 (3) A municipality may not, as a condition of land use application approval, require a

168 person filing a land use application to obtain documentation regarding a school district's

169 willingness, capacity, or ability to serve the development proposed in the land use application.

170 (4) (a) Except as provided in Subsection (4)(b), for a period of 10 years after the day on

171 which a subdivision plat is recorded, a municipality may not impose on a building permit

172 applicant for a single-family dwelling located within the subdivision any land use regulation

173 that is enacted within 10 years after the day on which the subdivision plat is recorded.

174 (b) Subsection (4)(a) does not apply to any changes in the requirements of the

175 applicable building code, health code, or fire code, or other similar regulations.

176 (5) Upon a specified public agency's submission of a development plan and schedule as

177 required in Subsection 10-9a-305(8) that complies with the requirements of that subsection, the

178 specified public agency vests in the municipality's applicable land use maps, zoning map,

179 hookup fees, impact fees, other applicable development fees, and land use regulations in effect

180 on the date of submission.

181 (6) (a) If sponsors of a referendum timely challenge a project in accordance with

182 Subsection 20A-7-601(5), the project's affected owner may rescind the project's land use

183 approval by delivering a written notice:

184 (i) to the local clerk as defined in Section 20A-7-101; and

185 (ii) no later than seven days after the day on which a petition for a referendum is

186 determined sufficient under Subsection [20A-7-607(4)] 20A-7-607(5).

187 (b) Upon delivery of a written notice described in Subsection (6)(a) the following are

188 rescinded and are of no further force or effect:

189 (i) the relevant land use approval; and

190 (ii) any land use regulation enacted specifically in relation to the land use approval.

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191 Section 2. Section 11-14-301 is amended to read:

192 11-14-301. Issuance of bonds by governing body -- Computation of indebtedness

193 under constitutional and statutory limitations.

194 (1) If the governing body has declared the bond proposition to have carried and no

195 contest has been filed, or if a contest has been filed and favorably terminated, the governing

196 body may proceed to issue the bonds voted at the election.

197 (2) (a) It is not necessary that all of the bonds be issued at one time, but, except as

198 otherwise provided in this Subsection (2), bonds approved by the voters may not be issued

199 more than 10 years after the day on which the election is held.

200 (b) The 10-year period described in Subsection (2)(a) is tolled if, at any time during the

201 10-year period:

202 (i) an application for a referendum petition is filed with a local clerk, in accordance

203 with Section 20A-7-602, with respect to the local obligation law relating to the bonds; or

204 (ii) the bonds are challenged in a court of law or an administrative proceeding in

205 relation to:

206 (A) the legality or validity of the bonds, or the election or proceedings authorizing the

207 bonds;

208 (B) the authority of the local political subdivision to issue the bonds;

209 (C) the provisions made for the security or payment of the bonds; or

210 (D) any other issue that materially and adversely affects the marketability of the bonds,

211 as determined by the individual or body that holds the executive powers of the local political

212 subdivision.

213 (c) For a bond described in this section that is approved by voters on or after May 8,

214 2002, but before May 14, 2019, a tolling period described in Subsection (2)(b)(i) ends on the

215 later of the day on which:

216 (i) the local clerk determines that the petition is insufficient, in accordance with

217 Subsection [20A-7-607(2)(e)] 20A-7-607(3)(d), unless an application, described in Subsection



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218 [20A-7-607(3)(a)] 20A-7-607(4)(a), is made to a court;

219 (ii) a court determines, under Subsection [20A-7-607(3)(c)] 20A-7-607(4)(c), that the

220 petition for the referendum is not legally sufficient; or

221 (iii) for a referendum petition that is sufficient, the governing body declares, as

222 provided by law, the results of the referendum election on the local obligation law.

223 (d) For a bond described in this section that was approved by voters on or after May

224 14, 2019, a tolling period described in Subsection (2)(b)(i) ends:

225 (i) if a county, city, town, metro township, or court determines, under Section

226 20A-7-602.7, that the proposed referendum is not legally referable to voters, the later of:

227 (A) the day on which the county, city, town, or metro township provides the notice

228 described in Subsection 20A-7-602.7(1)(b)(ii); or

229 (B) if a sponsor appeals, under Subsection 20A-7-602.7(4), the day on which a court

230 decision that the proposed referendum is not legally referable to voters becomes final; or

231 (ii) if a county, city, town, metro township, or court determines, under Section

232 20A-7-602.7, that the proposed referendum is legally referable to voters, the later of:

233 (A) the day on which the local clerk determines, under Section 20A-7-607, that the

234 number of certified names is insufficient for the proposed referendum to appear on the ballot;

235 or

236 (B) if the local clerk determines, under Section 20A-7-607, that the number of certified

237 names is sufficient for the proposed referendum to appear on the ballot, the day on which the

238 governing body declares, as provided by law, the results of the referendum election on the local

239 obligation law.

240 (e) A tolling period described in Subsection (2)(b)(ii) ends after:

241 (i) there is a final settlement, a final adjudication, or another type of final resolution of

242 all challenges described in Subsection (2)(b)(ii); and

243 (ii) the individual or body that holds the executive powers of the local political

244 subdivision issues a document indicating that all challenges described in Subsection (2)(b)(ii)


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245 are resolved and final.

246 (f) If the 10-year period described in Subsection (2)(a) is tolled under this Subsection

247 (2) and, when the tolling ends and after giving effect to the tolling, the period of time

248 remaining to issue the bonds is less than one year, the period of time remaining to issue the

249 bonds shall be extended to one year.

250 (g) The tolling provisions described in this Subsection (2) apply to all bonds described

251 in this section that were approved by voters on or after May 8, 2002.

252 (3) (a) Bonds approved by the voters may not be issued to an amount that will cause

253 the indebtedness of the local political subdivision to exceed that permitted by the Utah

254 Constitution or statutes.

255 (b) In computing the amount of indebtedness that may be incurred pursuant to

256 constitutional and statutory limitations, the constitutionally or statutorily permitted percentage,

257 as the case may be, shall be applied to the fair market value, as defined under Section 59-2-102,

258 of the taxable property in the local political subdivision, as computed from the last applicable

259 equalized assessment roll before the incurring of the additional indebtedness.

260 (c) In determining the fair market value of the taxable property in the local political

261 subdivision as provided in this section, the value of all tax equivalent property, as defined in

262 Section 59-3-102, shall be included as a part of the total fair market value of taxable property

263 in the local political subdivision, as provided in Title 59, Chapter 3, Tax Equivalent Property

264 Act.

265 (4) Bonds of improvement districts issued in a manner that they are payable solely

266 from the revenues to be derived from the operation of the facilities of the district may not be

267 included as bonded indebtedness for the purposes of the computation.

268 (5) Where bonds are issued by a city, town, or county payable solely from revenues

269 derived from the operation of revenue-producing facilities of the city, town, or county, or

270 payable solely from a special fund into which are deposited excise taxes levied and collected by

271 the city, town, or county, or excise taxes levied by the state and rebated pursuant to law to the

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272 city, town, or county, or any combination of those excise taxes, the bonds shall be included as

273 bonded indebtedness of the city, town, or county only to the extent required by the Utah

274 Constitution, and any bonds not so required to be included as bonded indebtedness of the city,

275 town, or county need not be authorized at an election, except as otherwise provided by the Utah

276 Constitution, the bonds being hereby expressly excluded from the election requirement of

277 Section 11-14-201.

278 (6) A bond election is not void when the amount of bonds authorized at the election

279 exceeded the limitation applicable to the local political subdivision at the time of holding the

280 election, but the bonds may be issued from time to time in an amount within the applicable

281 limitation at the time the bonds are issued.

282 (7) (a) A local political subdivision may not receive, from the issuance of bonds

283 approved by the voters at an election, an aggregate amount that exceeds by more than 2% the

284 maximum principal amount stated in the bond proposition.

285 (b) The provision in Subsection (7)(a) applies to bonds issued pursuant to an election

286 held after January 1, 2019.

287 Section 3. Section 17-27a-508 is amended to read:

288 17-27a-508. Applicant's entitlement to land use application approval --

289 Application relating to land in a high priority transportation corridor -- County's

290 requirements and limitations -- Vesting upon submission of development plan and

291 schedule.

292 (1) (a) (i) An applicant who has submitted a complete land use application, including

293 the payment of all application fees, is entitled to substantive review of the application under the

294 land use regulations:

295 (A) in effect on the date that the application is complete; and

296 (B) applicable to the application or to the information shown on the submitted

297 application.

298 (ii) An applicant is entitled to approval of a land use application if the application



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299 conforms to the requirements of the applicable land use regulations, land use decisions, and

300 development standards in effect when the applicant submits a complete application and pays all

301 application fees, unless:

302 (A) the land use authority, on the record, formally finds that a compelling,

303 countervailing public interest would be jeopardized by approving the application and specifies

304 the compelling, countervailing public interest in writing; or

305 (B) in the manner provided by local ordinance and before the applicant submits the

306 application, the county formally initiates proceedings to amend the county's land use

307 regulations in a manner that would prohibit approval of the application as submitted.

308 (b) The county shall process an application without regard to proceedings the county

309 initiated to amend the county's ordinances as described in Subsection (1)(a)(ii)(B) if:

310 (i) 180 days have passed since the county initiated the proceedings; and

311 (ii) the proceedings have not resulted in an enactment that prohibits approval of the

312 application as submitted.

313 (c) A land use application is considered submitted and complete when the applicant

314 provides the application in a form that complies with the requirements of applicable ordinances

315 and pays all applicable fees.

316 (d) The continuing validity of an approval of a land use application is conditioned upon

317 the applicant proceeding after approval to implement the approval with reasonable diligence.

318 (e) A county may not impose on an applicant who has submitted a complete

319 application a requirement that is not expressed:

320 (i) in this chapter;

321 (ii) in a county ordinance; or

322 (iii) in a county specification for public improvements applicable to a subdivision or

323 development that is in effect on the date that the applicant submits an application.

324 (f) A county may not impose on a holder of an issued land use permit or a final,

325 unexpired subdivision plat a requirement that is not expressed:


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326 (i) in a land use permit;

327 (ii) on the subdivision plat;

328 (iii) in a document on which the land use permit or subdivision plat is based;

329 (iv) in the written record evidencing approval of the land use permit or subdivision

330 plat;

331 (v) in this chapter; or

332 (vi) in a county ordinance.

333 (g) Except as provided in Subsection (1)(h), a county may not withhold issuance of a

334 certificate of occupancy or acceptance of subdivision improvements because of an applicant's

335 failure to comply with a requirement that is not expressed:

336 (i) in the building permit or subdivision plat, documents on which the building permit

337 or subdivision plat is based, or the written record evidencing approval of the building permit or

338 subdivision plat; or

339 (ii) in this chapter or the county's ordinances.

340 (h) A county may not unreasonably withhold issuance of a certificate of occupancy

341 where an applicant has met all requirements essential for the public health, public safety, and

342 general welfare of the occupants, in accordance with this chapter, unless:

343 (i) the applicant and the county have agreed in a written document to the withholding

344 of a certificate of occupancy; or

345 (ii) the applicant has not provided a financial assurance for required and uncompleted

346 landscaping or infrastructure improvements in accordance with an applicable ordinance that the

347 legislative body adopts under this chapter.

348 (2) A county is bound by the terms and standards of applicable land use regulations and

349 shall comply with mandatory provisions of those regulations.

350 (3) A county may not, as a condition of land use application approval, require a person

351 filing a land use application to obtain documentation regarding a school district's willingness,

352 capacity, or ability to serve the development proposed in the land use application.


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353 (4) (a) Except as provided in Subsection (4)(b), for a period of 10 years after the day on

354 which a subdivision plat is recorded, a county may not impose on a building permit applicant

355 for a single-family dwelling located within the subdivision any land use regulation that is

356 enacted within 10 years after the day on which the subdivision plat is recorded.

357 (b) Subsection (4)(a) does not apply to any changes in the requirements of the

358 applicable building code, health code, or fire code, or other similar regulations.

359 (5) Upon a specified public agency's submission of a development plan and schedule as

360 required in Subsection 17-27a-305(8) that complies with the requirements of that subsection,

361 the specified public agency vests in the county's applicable land use maps, zoning map, hookup

362 fees, impact fees, other applicable development fees, and land use regulations in effect on the

363 date of submission.

364 (6) (a) If sponsors of a referendum timely challenge a project in accordance with

365 Subsection 20A-7-601(5), the project's affected owner may rescind the project's land use

366 approval by delivering a written notice:

367 (i) to the local clerk as defined in Section 20A-7-101; and

368 (ii) no later than seven days after the day on which a petition for a referendum is

369 determined sufficient under Subsection [20A-7-607(4)] 20A-7-607(5).

370 (b) Upon delivery of a written notice described in Subsection (6)(a) the following are

371 rescinded and are of no further force or effect:

372 (i) the relevant land use approval; and

373 (ii) any land use regulation enacted specifically in relation to the land use approval.

374 Section 4. Section 20A-1-306 is amended to read:

375 20A-1-306. Electronic signatures prohibited.

376 Notwithstanding Title 46, Chapter 4, Uniform Electronic Transactions Act, and

377 Subsections 68-3-12(1)(e) and 68-3-12.5(28) and (40), an electronic signature may not be used

378 to sign a petition to:

379 (1) except as provided in Section 20A-21-201, qualify a ballot proposition for the




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380 ballot under Chapter 7, Issues Submitted to the Voters;

381 (2) organize and register a political party under Chapter 8, Political Party Formation

382 and Procedures; or

383 (3) except as provided in Section 20A-21-201, qualify a candidate for the ballot under

384 Chapter 9, Candidate Qualifications and Nominating Procedures.


386 20A-1-609. Omnibus penalties.

387 (1) (a) Except as provided in Subsection (1)(b), a person who violates any provision of

388 this title is guilty of a class B misdemeanor.

389 (b) Subsection (1)(a) does not apply to a provision of this title for which another

390 penalty is expressly stated.

391 (c) An individual is not guilty of a crime for, by signing a petition for an initiative or

392 referendum, falsely making the statement described in Subsection [20A-7-203(2)(d)(xx),

393 20A-7-303(2)(d)(xx), 20A-7-503(2)(d)(xx), or 20A-7-603(2)(d)(xx)] 20A-7-203(3)(d)(xx),

394 20A-7-303(3)(d)(xx), 20A-7-503(3)(d)(xx), or 20A-7-603(3)(d)(xx).

395 (2) Except as provided by Section 20A-2-101.3 or 20A-2-101.5, an individual

396 convicted of any offense under this title may not:

397 (a) file a declaration of candidacy for any office or appear on the ballot as a candidate

398 for any office during the election cycle in which the violation occurred;

399 (b) take or hold the office to which the individual was elected; and

400 (c) receive the emoluments of the office to which the individual was elected.

401 (3) (a) Any individual convicted of any offense under this title forfeits the right to vote

402 at any election unless the right to vote is restored as provided in Section 20A-2-101.3 or

403 20A-2-101.5.

404 (b) Any person may challenge the right to vote of a person described in Subsection

405 (3)(a) by following the procedures and requirements of Section 20A-3a-803.


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407 20A-7-101. Definitions.

408 As used in this chapter:

409 (1) "Approved device" means a device described in Subsection 20A-21-201(4) used to

410 gather signatures for the electronic initiative process, the electronic referendum process, or the

411 electronic candidate qualification process.

412 [(1)] (2) "Budget officer" means:

413 (a) for a county, the person designated as budget officer in Section 17-19a-203;

414 (b) for a city, the person designated as budget officer in Subsection 10-6-106(4);

415 (c) for a town, the town council; or

416 (d) for a metro township, the person described in Subsection [(1)] (2)(a) for the county

417 in which the metro township is located.

418 [(2)] (3) "Certified" means that the county clerk has acknowledged a signature as being

419 the signature of a registered voter.

420 [(3)] (4) "Circulation" means the process of submitting an initiative or referendum

421 petition to legal voters for their signature.

422 (5) "Electronic initiative process" means:

423 (a) as it relates to a statewide initiative, the process, described in Sections 20A-7-215

424 and 20A-21-201, for gathering signatures; or

425 (b) as it relates to a local initiative, the process, described in Sections 20A-7-514 and

426 20A-21-201, for gathering signatures.

427 (6) "Electronic referendum process" means:

428 (a) as it relates to a statewide referendum, the process, described in Sections

429 20A-7-313 and 20A-21-201, for gathering signatures; or

430 (b) as it relates to a local referendum, the process, described in Sections 20A-7-614 and

431 20A-21-201, for gathering signatures.

432 [(4)] (7) "Eligible voter" means a legal voter who resides in the jurisdiction of the

433 county, city, or town that is holding an election on a ballot proposition.




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434 [(5)] (8) "Final fiscal impact statement" means a financial statement prepared after

435 voters approve an initiative that contains the information required by Subsection

436 20A-7-202.5(2) or 20A-7-502.5(2).

437 [(6)] (9) "Initial fiscal impact estimate" means:

438 (a) a financial statement prepared under Section 20A-7-202.5 after the filing of an

439 application for an initiative petition; or

440 (b) a financial and legal statement prepared under Section 20A-7-502.5 or 20A-7-602.5

441 for an initiative or referendum petition.

442 [(7)] (10) "Initiative" means a new law proposed for adoption by the public as provided

443 in this chapter.

444 [(8)] (11) "Initiative packet" means a copy of the initiative petition, a copy of the

445 proposed law, and the signature sheets, all of which have been bound together as a unit.

446 [(9)] (12) (a) "Land use law" means a law of general applicability, enacted based on the

447 weighing of broad, competing policy considerations, that relates to the use of land, including

448 land use regulation, a general plan, a land use development code, an annexation ordinance, the

449 rezoning of a single property or multiple properties, or a comprehensive zoning ordinance or

450 resolution.

451 (b) "Land use law" does not include a land use decision, as defined in Section

452 10-9a-103 or 17-27a-103.

453 [(10)] (13) "Legal signatures" means the number of signatures of legal voters that:

454 (a) meet the numerical requirements of this chapter; and

455 (b) have been obtained, certified, and verified as provided in this chapter.

456 [(11)] (14) "Legal voter" means a person who[: (a)] is registered to vote[; or] in Utah.

457 [(b) becomes registered to vote before the county clerk certifies the signatures on an

458 initiative or referendum petition.]

459 [(12)] (15) "Legally referable to voters" means:

460 (a) for a proposed local initiative, that the proposed local initiative is legally referable









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461 to voters under Section 20A-7-502.7; or

462 (b) for a proposed local referendum, that the proposed local referendum is legally

463 referable to voters under Section 20A-7-602.7.

464 [(13)] (16) "Local attorney" means the county attorney, city attorney, or town attorney

465 in whose jurisdiction a local initiative or referendum petition is circulated.

466 [(14)] (17) "Local clerk" means the county clerk, city recorder, or town clerk in whose

467 jurisdiction a local initiative or referendum petition is circulated.

468 [(15)] (18) (a) "Local law" includes:

469 (i) an ordinance;

470 (ii) a resolution;

471 (iii) a land use law;

472 (iv) a land use regulation, as defined in Section 10-9a-103; or

473 (v) other legislative action of a local legislative body.

474 (b) "Local law" does not include a land use decision, as defined in Section 10-9a-103.

475 [(16)] (19) "Local legislative body" means the legislative body of a county, city, town,

476 or metro township.

477 [(17)] (20) "Local obligation law" means a local law passed by the local legislative

478 body regarding a bond that was approved by a majority of qualified voters in an election.

479 [(18)] (21) "Local tax law" means a law, passed by a political subdivision with an

480 annual or biannual calendar fiscal year, that increases a tax or imposes a new tax.

481 (22) "Manual initiative process" means the process for gathering signatures for an

482 initiative using paper signature packets that a signer physically signs.

483 (23) "Manual referendum process" means the process for gathering signatures for a

484 referendum using paper signature packets that a signer physically signs.

485 [(19)] (24) "Measure" means a proposed constitutional amendment, an initiative, or

486 referendum.

487 [(20)] (25) "Referendum" means a process by which a law passed by the Legislature or




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488 by a local legislative body is submitted or referred to the voters for their approval or rejection.

489 [(21)] (26) "Referendum packet" means a copy of the referendum petition, a copy of

490 the law being submitted or referred to the voters for their approval or rejection, and the

491 signature sheets, all of which have been bound together as a unit.

492 [(22) (a) "Signature" means a holographic signature.]

493 [(b) "Signature" does not mean an electronic signature.]

494 (27) "Signature":

495 (a) for a statewide initiative:

496 (i) as it relates to the electronic initiative process, means an electronic signature

497 collected under Section 20A-7-215 and Subsection 20A-21-201(6)(c); or

498 (ii) as it relates to the manual initiative process:

499 (A) means a holographic signature collected physically on a signature sheet described

500 in Section 20A-7-203; and

501 (B) does not include an electronic signature;

502 (b) for a statewide referendum:

503 (i) as it relates to the electronic referendum process, means an electronic signature


505 (ii) as it relates to the manual referendum process:



508 (B) does not include an electronic signature;

509 (c) for a local initiative:

510 (i) as it relates to the electronic initiative process, means an electronic signature


512 (ii) as it relates to the manual initiative process:




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515 (B) does not include an electronic signature; or

516 (d) for a local referendum:

517 (i) as it relates to the electronic referendum process, means an electronic signature


519 (ii) as it relates to the manual referendum process:



522 (B) does not include an electronic signature.

523 [(23)] (28) "Signature sheets" means sheets in the form required by this chapter that are

524 used to collect signatures in support of an initiative or referendum.

525 [(24)] (29) "Special local ballot proposition" means a local ballot proposition that is

526 not a standard local ballot proposition.

527 [(25)] (30) "Sponsors" means the legal voters who support the initiative or referendum

528 and who sign the application for petition copies.

529 [(26)] (31) (a) "Standard local ballot proposition" means a local ballot proposition for

530 an initiative or a referendum.

531 (b) "Standard local ballot proposition" does not include a property tax referendum

532 described in Section 20A-7-613.

533 [(27)] (32) "Tax percentage difference" means the difference between the tax rate

534 proposed by an initiative or an initiative petition and the current tax rate.

535 [(28)] (33) "Tax percentage increase" means a number calculated by dividing the tax

536 percentage difference by the current tax rate and rounding the result to the nearest thousandth.

537 [(29)] (34) "Verified" means acknowledged by the person circulating the petition as

538 required in Sections 20A-7-205 and 20A-7-305.


540 20A-7-103. Constitutional amendments and other questions submitted by the

541 Legislature -- Publication -- Ballot title -- Procedures for submission to popular vote.


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542 (1) The procedures contained in this section govern when the Legislature submits a

543 proposed constitutional amendment or other question to the voters.

544 (2) The lieutenant governor shall, not more than 60 days or less than 14 days before the

545 date of the election, publish the full text of the amendment, question, or statute in at least one

546 newspaper in every county of the state where a newspaper is published.

547 (3) The legislative general counsel shall:

548 (a) entitle each proposed constitutional amendment "Constitutional Amendment __"

549 and assign it a letter according to the requirements of Section 20A-6-107;

550 (b) entitle each proposed question "Proposition Number __" with the number assigned

551 to the proposition under Section 20A-6-107 placed in the blank;

552 (c) draft and designate a ballot title for each proposed amendment or question

553 submitted by the Legislature that:

554 (i) summarizes the subject matter of the amendment or question; and

555 (ii) for a proposed constitutional amendment, summarizes any legislation that is

556 enacted and will become effective upon the voters' adoption of the proposed constitutional

557 amendment; and

558 (d) deliver each letter or number and ballot title to the lieutenant governor.

559 (4) The lieutenant governor shall certify the letter or number and ballot title of each

560 amendment or question to the county clerk of each county no later than 65 days before the date

561 of the election.

562 (5) The county clerk of each county shall:

563 (a) ensure that [both] the letter or number and the ballot title of each amendment and

564 question [is] prepared in accordance with this section are printed on the sample ballots and

565 official ballots; and

566 (b) publish [them] the sample ballots and official ballots as provided by law.


568 20A-7-203. Manual initiative process -- Form of initiative petition and signature




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569 sheets.

570 (1) This section applies only to the manual initiative process.

571 [(1)] (2) (a) Each proposed initiative petition shall be printed in substantially the

572 following form:

573 "INITIATIVE PETITION To the Honorable ____, Lieutenant Governor:

574 We, the undersigned citizens of Utah, respectfully demand that the following proposed

575 law be submitted to the legal voters/Legislature of Utah for their/its approval or rejection at the

576 regular general election/session to be held/ beginning on _________(month\day\year);

577 Each signer says:

578 I have personally signed this petition;

579 The date next to my signature correctly reflects the date that I actually signed the

580 petition;

581 I have personally reviewed the entire statement included with this packet;

582 I am registered to vote in Utah [or intend to become registered to vote in Utah before

583 the certification of the petition names by the county clerk]; and

584 My residence and post office address are written correctly after my name.

585 NOTICE TO SIGNERS:

586 Public hearings to discuss this petition were held at: (list dates and locations of public

587 hearings.)".

588 (b) If the initiative petition proposes a tax increase, the following statement shall

589 appear, in at least 14-point, bold type, immediately following the information described in

590 Subsection [(1)] (2)(a):

591 "This initiative petition seeks to increase the current (insert name of tax) rate by (insert

592 the tax percentage difference) percent, resulting in a(n) (insert the tax percentage increase)

593 percent increase in the current tax rate.".

594 (c) The sponsors of an initiative or an agent of the sponsors shall attach a copy of the

595 proposed law to each initiative petition.


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596 [(2)] (3) Each signature sheet shall:

597 (a) be printed on sheets of paper 8-1/2 inches long and 11 inches wide;

598 (b) be ruled with a horizontal line three-fourths inch from the top, with the space above

599 that line blank for the purpose of binding;

600 (c) include the title of the initiative printed below the horizontal line, in at least

601 14-point, bold type;

602 (d) include a table immediately below the title of the initiative, and beginning .5 inch

603 from the left side of the paper, as follows:

604 (i) the first column shall be .5 inch wide and include three rows;

605 (ii) the first row of the first column shall be .85 inch tall and contain the words "For

606 Office Use Only" in 10-point type;

607 (iii) the second row of the first column shall be .35 inch tall;

608 (iv) the third row of the first column shall be .5 inch tall;

609 (v) the second column shall be 2.75 inches wide;

610 (vi) the first row of the second column shall be .35 inch tall and contain the words

611 "Registered Voter's Printed Name (must be legible to be counted)" in 10-point type;

612 (vii) the second row of the second column shall be .5 inch tall;

613 (viii) the third row of the second column shall be .35 inch tall and contain the words

614 "Street Address, City, Zip Code" in 10-point type;

615 (ix) the fourth row of the second column shall be .5 inch tall;

616 (x) the third column shall be 2.75 inches wide;

617 (xi) the first row of the third column shall be .35 inch tall and contain the words

618 "Signature of Registered Voter" in 10-point type;

619 (xii) the second row of the third column shall be .5 inch tall;

620 (xiii) the third row of the third column shall be .35 inch tall and contain the words

621 "Email Address (optional, to receive additional information)" in 10-point type;

622 (xiv) the fourth row of the third column shall be .5 inch tall;


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623 (xv) the fourth column shall be one inch wide;

624 (xvi) the first row of the fourth column shall be .35 inch tall and contain the words

625 "Date Signed" in 10-point type;

626 (xvii) the second row of the fourth column shall be .5 inch tall;

627 (xviii) the third row of the fourth column shall be .35 inch tall and contain the words

628 "Birth Date or Age (optional)" in 10-point type;

629 (xix) the fourth row of the third column shall be .5 inch tall; and

630 (xx) the fifth row of the entire table shall be the width of the entire table, .4 inch tall,

631 and contain the following statement, "By signing this petition, you are stating that you have

632 read and understand the law proposed by this petition." in 12-point type;

633 (e) the table described in Subsection [(2)] (3)(d) shall be repeated, leaving sufficient

634 room at the bottom of the sheet for the information described in Subsection [(2)] (3)(f); and

635 (f) at the bottom of the sheet, include in the following order:

636 (i) the words "Fiscal Impact of" followed by the title of the initiative, in at least


638 (ii) except as provided in Subsection [(4)] (5), the initial fiscal impact estimate's

639 summary statement issued by the Office of the Legislative Fiscal Analyst in accordance with

640 Subsection 20A-7-202.5(2)(a), including any update in accordance with Subsection

641 20A-7-204.1(5), in not less than 12-point type;

642 (iii) if the initiative petition proposes a tax increase, the following statement in

643 12-point, bold type:



646 percent increase in the current tax rate."; and

647 (iv) the word "Warning," in 12-point, bold type, followed by the following statement in

648 not less than eight-point type:

649 "It is a class A misdemeanor for an individual to sign an initiative petition with a name




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650 other than the individual's own name, or to knowingly sign the individual's name more than

651 once for the same measure, or to sign an initiative petition when the individual knows that the

652 individual is not a registered voter [and knows that the individual does not intend to become

653 registered to vote before the certification of the petition names by the county clerk].

654 Birth date or age information is not required, but it may be used to verify your identity

655 with voter registration records. If you choose not to provide it, your signature may not be

656 verified as a valid signature if you change your address before petition signatures are verified

657 or if the information you provide does not match your voter registration records."

658 [(3)] (4) The final page of each initiative packet shall contain the following printed or

659 typed statement:

660 Verification of signature collector

661 State of Utah, County of ____

662 I, _______________, of ____, hereby state, under penalty of perjury, that:

663 I am a resident of Utah and am at least 18 years old;

664 All the names that appear in this packet were signed by individuals who professed to be

665 the individuals whose names appear in it, and each of the individuals signed the individual's

666 name on it in my presence;

667 I did not knowingly make a misrepresentation of fact concerning the law proposed by

668 the initiative;

669 I believe that each individual has printed and signed the individual's name and written

670 the individual's post office address and residence correctly, that each signer has read and

671 understands the law proposed by the initiative, and that each signer is registered to vote in Utah

672 [or intends to become registered to vote before the certification of the petition names by the

673 county clerk].

674 Each individual who signed the packet wrote the correct date of signature next to the

675 individual's name.

676 I have not paid or given anything of value to any individual who signed this petition to


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677 encourage that individual to sign it.

678 ________________________________________________________________________

679 (Name) (Residence Address) (Date)

680 [(4)] (5) If the initial fiscal impact estimate described in Subsection [(2)(i)] (3)(f)(ii), as

681 updated in accordance with Subsection 20A-7-204.1(5), exceeds 200 words, the Office of the

682 Legislative Fiscal Analyst shall prepare a shorter summary statement, for the purpose of

683 inclusion on a signature sheet, that does not exceed 200 words.

684 [(5)] (6) If the forms described in this section are substantially followed, the initiative

685 petitions are sufficient, notwithstanding clerical and merely technical errors.

686 [(6)] (7) An individual's status as a resident, under Subsection [(3)] (4), is determined

687 in accordance with Section 20A-2-105.


689 20A-7-204. Manual initiative process -- Circulation requirements -- Lieutenant

690 governor to provide sponsors with materials.


692 [(1)] (2) In order to obtain the necessary number of signatures required by this part, the

693 sponsors or an agent of the sponsors shall, after the sponsors receive the documents described

694 in Subsection [(2)] (3), circulate initiative packets that meet the form requirements of this part.

695 [(2)] (3) The lieutenant governor shall furnish to the sponsors:

696 (a) a copy of the initiative petition, with any change submitted under Subsection

697 20A-7-204.1(5); and

698 (b) a signature sheet.

699 [(3)] (4) The sponsors of the petition shall:

700 (a) arrange and pay for the printing of all additional copies of the petition and signature

701 sheets; and

702 (b) ensure that the copies of the petition and signature sheets meet the form

703 requirements of this section.





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704 [(4)] (5) (a) The sponsors or an agent of the sponsors may prepare the initiative for

705 circulation by creating multiple initiative packets.

706 (b) The sponsors or an agent of the sponsors shall create the initiative packets by

707 binding a copy of the initiative petition and no more than 50 signature sheets together at the top

708 in a manner that the packets may be conveniently opened for signing.

709 (c) An initiative packet is not required to have a uniform number of signature sheets.

710 [(5)] (6) (a) The sponsors or an agent of the sponsors shall, before gathering signatures:

711 (i) contact the lieutenant governor's office to receive a range of numbers that the

712 sponsors may use to number signature packets; and

713 (ii) number each signature packet, sequentially, within the range of numbers provided

714 by the lieutenant governor's office, starting with the lowest number in the range.

715 (b) The sponsors or an agent of the sponsors may not:

716 (i) number a signature packet in a manner not directed by the lieutenant governor's

717 office; or

718 (ii) circulate or submit a signature packet that is not numbered in the manner directed

719 by the lieutenant governor's office.

720 (c) The lieutenant governor shall keep a record of the number range provided under

721 Subsection [(5)] (6)(a).


723 20A-7-205. Manual initiative process -- Obtaining signatures -- Verification --

724 Removal of signature.


726 [(1)] (2) A Utah voter may sign an initiative petition if the voter is a legal voter.

727 [(2)] (3) (a) The sponsors shall ensure that the individual in whose presence each

728 signature sheet was signed:

729 (i) is at least 18 years old and meets the residency requirements of Section 20A-2-105;

730 (ii) verifies each signature sheet by completing the verification printed on the last page



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731 of each initiative packet; and

732 (iii) is informed that each signer is required to read and understand the law proposed by

733 the initiative.

734 (b) An individual may not sign the verification printed on the last page of the initiative

735 packet if the person signed a signature sheet in the initiative packet.

736 [(3)] (4) (a) A voter who has signed an initiative petition may have the voter's signature

737 removed from the petition by submitting to the county clerk a statement requesting that the

738 voter's signature be removed before 5 p.m. no later than the earlier of:

739 (i) for an initiative packet received by the county clerk before December 1:

740 (A) 30 days after the day on which the voter signs the signature removal statement; or

741 (B) 90 days after the day on which the lieutenant governor posts the voter's name under

742 Subsection 20A-7-207(2)[(a)]; or

743 (ii) for an initiative packet received by the county clerk on or after December 1:

744 (A) 30 days after the day on which the voter signs the signature removal statement; or

745 (B) 45 days after the day on which the lieutenant governor posts the voter's name under

746 Subsection 20A-7-207(2)[(a)].

747 (b) (i) The statement shall include:

748 (A) the name of the voter;

749 (B) the resident address at which the voter is registered to vote;

750 (C) the signature of the voter; and

751 (D) the date of the signature described in Subsection [(3)] (4)(b)(i)(C).

752 (ii) To increase the likelihood of the voter's signature being identified and removed, the

753 statement may include the voter's birth date or age.

754 (c) A voter may not submit a statement by email or other electronic means.

755 (d) In order for the signature to be removed, the county clerk must receive the

756 statement before 5 p.m. no later than the applicable deadline described in Subsection [(3)]

757 (4)(a).


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758 (e) A person may only remove a signature from an initiative petition in accordance

759 with this Subsection [(3)] (4).

760 (f) A county clerk shall analyze a signature, for purposes of removing a signature from

761 an initiative petition, in accordance with Section 20A-7-206.3.


763 20A-7-206. Manual initiative process -- Submitting the initiative petition --

764 Certification of signatures by the county clerks -- Transfer to lieutenant governor.


766 [(1)] (2) (a) The sponsors, or an agent of the sponsors, shall submit a signed and

767 verified initiative packet to the county clerk of the county in which the packet was circulated

768 before 5 p.m. no later than the earlier of:

769 (i) 30 days after the day on which the first individual signs the initiative packet;

770 (ii) 316 days after the day on which the application for the initiative petition is filed; or

771 (iii) the February 15 immediately before the next regular general election immediately

772 after the application is filed under Section 20A-7-202.

773 (b) A person may not submit an initiative packet after the deadline described in

774 Subsection [(1)] (2)(a).

775 (c) Before delivering a packet to the county clerk under Subsection [(1)] (2), the

776 sponsors shall send an email to each individual who provides a legible, valid email address on

777 the form described in Subsection 20A-7-203[(2)](3)(d) that includes the following:

778 (i) the subject of the email shall include the following statement, "Notice Regarding

779 Your Petition Signature";

780 (ii) the body of the email shall include the following statement in 12-point type:

781 "You signed a petition for the following initiative:

782 [insert title of initiative]

783 To access a copy of the initiative petition, the initiative, the fiscal impact statement, and

784 information on the deadline for removing your signature from the petition, please visit the



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785 following link: [insert a uniform resource locator that takes the individual directly to the page

786 on the lieutenant governor's website that includes the information referred to in the email]."

787 (d) When the sponsors submit the final signature packet to the county clerk, the

788 sponsors shall submit to the county clerk the following written verification, completed and

789 signed by each of the sponsors:

790 Verification of initiative sponsor

791 State of Utah, County of __________

792 I, ____________, of ____________, hereby state, under penalty of perjury, that:

793 I am a sponsor of the initiative petition entitled __________________________;

794 I sent, or caused to be sent, to each individual who provided a legible, valid email

795 address on a signature packet submitted to the county clerk in relation to the initiative petition,

796 the email described in Utah Code Subsection 20A-7-206[(1)](2)(c).

797 ____________________________________________________________________________


799 (e) Signatures gathered for the initiative petition are not valid if the sponsors do not

800 comply with this Subsection [(1)] (2).

801 [(2)] (3) The county clerk shall, within 21 days after the day on which the county clerk

802 receives the packet:

803 (a) determine whether each signer is a registered voter according to the requirements of

804 Section 20A-7-206.3;

805 (b) certify on the petition whether each name is that of a registered voter;

806 (c) except as provided in Subsection [(3)] (4), post the name [and], voter identification

807 number, and date of signature of each registered voter certified under Subsection [(2)] (3)(b) on

808 the lieutenant governor's website, in a conspicuous location designated by the lieutenant

809 governor; and

810 (d) deliver the verified initiative packet to the lieutenant governor.

811 [(3)] (4) (a) If the county clerk timely receives a statement requesting signature


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812 removal under Subsection 20A-7-205[(3)](4), the county clerk shall:

813 (i) ensure that the voter's name [and], voter identification number, and date of signature

814 are not included in the posting described in Subsection [(2)] (3)(c); and

815 (ii) remove the voter's signature from the signature packets and signature packet totals.

816 (b) The county clerk shall comply with Subsection [(3)] (4)(a) before the later of:

817 (i) the deadline described in Subsection [(2)] (3); or

818 (ii) two business days after the day on which the county clerk receives a statement

819 requesting signature removal under Subsection 20A-7-205[(3)](4).

820 [(4)] (5) The county clerk may not certify a signature under Subsection [(2)] (3):

821 (a) on an initiative packet that is not verified in accordance with Section 20A-7-205; or

822 (b) that does not have a date of signature next to the signature.

823 [(5)] (6) A person may not retrieve an initiative packet from a county clerk, or make

824 any alterations or corrections to an initiative packet, after the initiative packet is submitted to

825 the county clerk.

826 Section 12. Section 20A-7-206.3 is amended to read:

827 20A-7-206.3. Verification of petition signatures.

828 (1) As used in this section:

829 (a) "Substantially similar name" means:

830 (i) the given name and surname shown on the petition, or both, contain only minor

831 spelling differences when compared to the given name and surname shown on the official

832 register;

833 (ii) the surname shown on the petition exactly matches the surname shown on the

834 official register, and the given names differ only because one of the given names shown is a

835 commonly used abbreviation or variation of the other;

836 (iii) the surname shown on the petition exactly matches the surname shown on the

837 official register, and the given names differ only because one of the given names shown is

838 accompanied by a first or middle initial or a middle name which is not shown on the other


- 32 -

839 record; or

840 (iv) the surname shown on the petition exactly matches the surname shown on the

841 official register, and the given names differ only because one of the given names shown is an

842 alphabetically corresponding initial that has been provided in the place of a given name shown

843 on the other record.

844 (b) "Substantially similar name" does not include a name having an initial or a middle

845 name shown on the petition that does not match a different initial or middle name shown on the

846 official register.

847 (2) [The] In relation to an individual who signs an initiative petition with a holographic

848 signature, the county clerk shall use the following procedures in determining whether a signer

849 is a registered voter:

850 (a) if a signer's name and address shown on the petition exactly match a name and

851 address shown on the official register and the signer's signature appears substantially similar to

852 the signature on the statewide voter registration database, the county clerk shall declare the

853 signature valid;

854 (b) if there is no exact match of an address and a name, the county clerk shall declare

855 the signature valid if:

856 (i) the address on the petition matches the address of an individual on the official

857 register with a substantially similar name; and

858 (ii) the signer's signature appears substantially similar to the signature on the statewide

859 voter registration database of the individual described in Subsection (2)(b)(i);

860 (c) if there is no match of an address and a substantially similar name, the county clerk

861 shall declare the signature valid if:

862 (i) the birth date or age on the petition matches the birth date or age of an individual on

863 the official register with a substantially similar name; and


865 voter registration database of the individual described in Subsection (2)(c)(i); and


- 33 -

866 (d) if a signature is not declared valid under Subsection (2)(a), (b), or (c), the county

867 clerk shall declare the signature to be invalid.

868 (3) [The] In relation to an individual who, with a holographic signature, signs a

869 statement to remove the individual's signature from an initiative petition, the county clerk shall

870 use the following procedures in determining whether to remove a signature from a petition

871 after receiving a timely, valid statement requesting removal of the signature:

872 (a) if a signer's name and address shown on the statement and the petition exactly

873 match a name and address shown on the official register and the signer's signature on both the

874 statement and the petition appears substantially similar to the signature on the statewide voter

875 registration database, the county clerk shall remove the signature from the petition;

876 (b) if there is no exact match of an address and a name, the county clerk shall remove

877 the signature from the petition if:

878 (i) the address on the statement and the petition matches the address of an individual

879 on the official register with a substantially similar name; and

880 (ii) the signer's signature on both the statement and the petition appears substantially

881 similar to the signature on the statewide voter registration database of the individual described

882 in Subsection (3)(b)(i);


884 shall remove the signature from the petition if:

885 (i) the birth date or age on the statement and petition match the birth date or age of an

886 individual on the official register with a substantially similar name; and



889 in Subsection (3)(c)(i); and

890 (d) if a signature does not qualify for removal under Subsection (3)(a), (b), or (c), the

891 county clerk may not remove the signature from the petition.



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893 20A-7-207. Evaluation by the lieutenant governor.

894 (1) [When] In relation to the manual initiative process, when the lieutenant governor

895 receives an initiative packet from a county clerk, the lieutenant governor shall record the

896 number of the initiative packet received.

897 (2) [(a)] The county clerk shall:

898 (a) in relation to the manual initiative process:

899 (i) post the names [and], voter identification numbers, and dates of signatures

900 described in Subsection 20A-7-206[(2)](3)(c) on the lieutenant governor's website, in a

901 conspicuous location designated by the lieutenant governor:

902 (A) for an initiative packet received by the county clerk before December 1, for at least

903 90 days; or

904 (B) for an initiative packet received by the county clerk on or after December 1, for at

905 least 45 days; and

906 (ii) update on the lieutenant governor's website the number of signatures certified as of

907 the date of the update[.]; or

908 (b) in relation to the electronic initiative process:

909 (i) post the names, voter identification numbers, and dates of signatures described in

910 Subsection 20A-7-217(4) on the lieutenant governor's website, in a conspicuous location

911 designated by the lieutenant governor:

912 (A) for a signature received by the county clerk before December 1, for at least 90

913 days; or

914 (B) for a signature received by the county clerk on or after December 1, for at least 45

915 days; and


917 the date of the update.

918 [(b)] (3) The lieutenant governor:

919 [(i)] (a) shall, except as provided in Subsection [(2)(b)(ii)] (3)(b), declare the petition


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920 to be sufficient or insufficient on April 30 before the regular general election described in

921 Subsection 20A-7-201(2)(b); or

922 [(ii)] (b) may declare the petition to be insufficient before the day described in

923 Subsection [(2)(b)(i)] (3)(a) if:

924 [(A)] (i) in relation to the manual initiative process, the total of all valid signatures on

925 timely and lawfully submitted signature packets that have been certified by the county clerks,

926 plus the number of signatures on timely and lawfully submitted signature packets that have not

927 yet been evaluated for certification, is less than the number of names required under Section

928 20A-7-201; [or]

929 (ii) in relation to the electronic initiative process, the total of all timely and lawfully

930 submitted valid signatures that have been certified by the county clerks, plus the number of

931 timely and lawfully submitted valid signatures received under Subsection 20A-21-201(6)(b)

932 that have not yet been evaluated for certification, is less than the number of names required

933 under Section 20A-7-201; or

934 [(B)] (iii) a requirement of this part has not been met.

935 [(c)] (4) (a) If the total number of names certified under [this] Subsection [(2)] (3)

936 equals or exceeds the number of names required under Section 20A-7-201, and the

937 requirements of this part are met, the lieutenant governor shall mark upon the front of the

938 petition the word "sufficient."

939 [(d)] (b) If the total number of names certified under [this] Subsection [(2)] (3) does

940 not equal or exceed the number of names required under Section 20A-7-201 or a requirement

941 of this part is not met, the lieutenant governor shall mark upon the front of the petition the

942 word "insufficient."

943 [(e)] (c) The lieutenant governor shall immediately notify any one of the sponsors of

944 the lieutenant governor's finding.

945 [(3)] (5) After a petition is declared insufficient, a person may not submit additional

946 signatures to qualify the petition for the ballot.







- 36 -

947 [(4)] (6) (a) If the lieutenant governor refuses to accept and file an initiative petition

948 that a voter believes is legally sufficient, the voter may, no later than May 15, apply to the

949 appropriate court for an extraordinary writ to compel the lieutenant governor to accept and file

950 the initiative petition.

951 (b) If the court determines that the initiative petition is legally sufficient, the lieutenant

952 governor shall file the petition, with a verified copy of the judgment attached to the petition, as

953 of the date on which the petition was originally offered for filing in the lieutenant governor's

954 office.

955 (c) If the court determines that a petition filed is not legally sufficient, the court may

956 enjoin the lieutenant governor and all other officers from certifying or printing the ballot title

957 and numbers of that measure on the official ballot.

958 [(5)] (7) A petition determined to be sufficient in accordance with this section is

959 qualified for the ballot.


961 20A-7-213. Misconduct of electors and officers -- Penalty.

962 (1) It is unlawful for any person to:

963 (a) sign any name other than the person's own to an initiative petition or a statement

964 described in Subsection [20A-7-205(3)] 20A-7-205(4) or 20A-7-216(4);

965 (b) knowingly sign the person's name more than once for the same measure at one

966 election;

967 (c) knowingly indicate [on an initiative packet] that a person who signed [the packet]

968 an initiative petition signed the [packet] petition on a date other than the date that the person

969 signed the [packet] petition;

970 (d) sign an initiative petition knowing the person is not a legal voter; or

971 (e) knowingly and willfully violate any provision of this part.

972 (2) It is unlawful for any person to sign the verification for an initiative packet, or to

973 electronically sign the verification for a signature under Subsection 20A-21-201(9), knowing


- 37 -

974 that:

975 (a) the person does not meet the residency requirements of Section 20A-2-105;

976 (b) the signature date [next to] associated with the person's [name on the initiative

977 packet] signature for the initiative petition is not the date that the person signed the [packet]

978 petition;

979 (c) the person has not witnessed the signatures of those persons [whose names appear

980 in the initiative packet] whose signatures the person collects or submits; or

981 (d) one or more [persons whose signatures appear in the initiative packet is either: (i)]

982 individuals who signed the initiative petition are not registered to vote in Utah[; or].

983 [(ii) does not intend to become registered to vote in Utah.]


985 (a) pay a person to sign an initiative petition;

986 (b) pay a person to remove the person's signature from an initiative petition;

987 (c) accept payment to sign an initiative petition; or

988 (d) accept payment to have the person's name removed from an initiative petition.

989 (4) Any person violating this section is guilty of a class A misdemeanor.

990 Section 15. Section 20A-7-215 is enacted to read:

991 20A-7-215. Electronic initiative process -- Form of initiative petition -- Circulation

992 requirements -- Signature collection.

993 (1) This section applies only to the electronic initiative process.

994 (2) (a) The first screen presented on the approved device shall include the following

995 statement:

996 "This INITIATIVE PETITION is addressed to the Honorable ____, Lieutenant

997 Governor:

998 The citizens of Utah who sign this petition respectfully demand that the following

999 proposed law be submitted to the legal voters/Legislature of Utah for their/its approval or

1000 rejection at the regular general election/session to be held/beginning on



- 38 -

1001 _________(month\day\year)."

1002 (b) An individual may not advance to the second screen until the individual clicks a

1003 link at the bottom of the first screen stating, "By clicking here, I attest that I have read and

1004 understand the information presented on this screen."

1005 (3) (a) The second screen presented on the approved device shall include the following

1006 statement:

1007 "Public hearings to discuss this petition were held at: (list dates and locations of public

1008 hearings.)".

1009 (b) An individual may not advance to the third screen until the individual clicks a link

1010 at the bottom of the second screen stating, "By clicking here, I attest that I have read and


1012 (4) (a) The third screen presented on the approved device shall include the title of

1013 proposed law, described in Subsection 20A-7-202(2)(d)(i), followed by the entire text of the

1014 proposed law.

1015 (b) An individual may not advance to the fourth screen until the individual clicks a link

1016 at the bottom of the third screen stating, "By clicking here, I attest that I have read and

1017 understand the entire text of the proposed law."

1018 (5) Subsequent screens shall be presented on the device in the following order, with the

1019 individual viewing the device being required, before advancing to the next screen, to click a

1020 link at the bottom of the screen with the following statement: "By clicking here, I attest that I

1021 have read and understand the information presented on this screen.":

1022 (a) a description of all proposed sources of funding for the costs associated with the

1023 proposed law, including the proposed percentage of total funding from each source;

1024 (b) (i) if the initiative petition proposes a tax increase, the following statement, "This

1025 initiative petition seeks to increase the current (insert name of tax) rate by (insert the tax

1026 percentage difference) percent, resulting in a(n) (insert the tax percentage increase) percent

1027 increase in the current tax rate."; or



- 39 -

1028 (ii) if the initiative petition does not propose a tax increase, the following statement,

1029 "This initiative petition does not propose a tax increase.";

1030 (c) the initial fiscal impact estimate's summary statement issued by the Office of the

1031 Legislative Fiscal Analyst in accordance with Subsection 20A-7-202.5(2)(a), including any

1032 update in accordance with Subsection 20A-7-204.1(5);

1033 (d) a statement indicating whether persons gathering signatures for the petition may be

1034 paid for gathering signatures; and

1035 (e) the following statement, followed by links where the individual may click "yes" or

1036 "no":

1037 "I have personally reviewed the entirety of each statement presented on this device;

1038 I am personally signing this petition;

1039 I am registered to vote in Utah; and

1040 All information I enter on this device, including my residence and post office address, is

1041 accurate.

1042 It is a class A misdemeanor for an individual to sign an initiative petition with a name



1045 individual is not a registered voter.

1046 WARNING

1047 Even if your voter registration record is classified as private, your name, voter

1048 identification number, and date of signature in relation to signing this petition will be made

1049 public.

1050 Do you wish to continue and sign this petition?"

1051 (6) (a) If the individual clicks "no" in response to the question described in Subsection

1052 (5)(e), the next screen shall include the following statement, "Thank you for your time. Please

1053 return this device to the signature-gatherer."

1054 (b) If the individual clicks "yes" in response to the question described in Subsection




- 40 -

1055 (5)(e), the website, or the application that accesses the website, shall take the signature-gatherer

1056 and the individual signing the petition through the signature process described in Section

1057 20A-21-201.


1059 20A-7-216. Electronic initiative process -- Obtaining signatures -- Request to

1060 remove signature.

1061 (1) This section applies to the electronic initiative process.

1062 (2) A Utah voter may sign an initiative if the voter is a legal voter.

1063 (3) The sponsors shall ensure that the signature-gatherer who collects a signature from

1064 an individual:

1065 (a) verifies that the individual is at least 18 years old and meets the residency

1066 requirements of Section 20A-2-105; and

1067 (b) is informed that each signer is required to read and understand the law proposed by

1068 the initiative.

1069 (4) A voter who has signed an initiative petition may have the voter's signature



1072 (a) for an electronic signature gathered before December 1:

1073 (i) 30 days after the day on which the voter signs the signature removal statement; or

1074 (ii) 90 days after the day on which the county clerk posts the voter's name under

1075 Subsection 20A-7-217(4); or

1076 (b) for an electronic signature gathered on or after December 1:

1077 (i) 30 days after the day on which the voter signs the signature removal statement; or

1078 (ii) 45 days after the day on which the county clerk posts the voter's name under

1079 Subsection 20A-7-217(4).

1080 (5) (a) The statement shall include:

1081 (i) the name of the voter;



- 41 -

1082 (ii) the resident address at which the voter is registered to vote;

1083 (iii) the signature of the voter; and

1084 (iv) the date of the signature described in Subsection (5)(a)(iii).

1085 (b) To increase the likelihood of the voter's signature being identified and removed, the


1087 (c) A voter may not submit a signature removal statement by email or other electronic

1088 means, unless the lieutenant governor establishes a signature removal process that is consistent

1089 with the requirements of this section and Section 20A-21-201.

1090 (d) A person may only remove an electronic signature from an initiative petition in

1091 accordance with this section.

1092 (e) A county clerk shall analyze a holographic signature, for purposes of removing an

1093 electronic signature from an initiative petition, in accordance with Section 20A-7-206.3.


1095 20A-7-217. Electronic initiative process -- Collecting signatures -- Email

1096 notification -- Removal of signatures.


1098 (2) A signature-gatherer may not collect a signature after 5 p.m., the earlier of:

1099 (a) 316 days after the day on which the application for the initiative petition is filed; or

1100 (b) the February 15 immediately before the next regular general election immediately

1101 after the application is filed under Section 20A-7-202.

1102 (3) The lieutenant governor shall send to each individual who provides a valid email

1103 address during the signature-gathering process an email that includes the following:

1104 (a) the subject of the email shall include the following statement, "Notice Regarding

1105 Your Petition Signature"; and

1106 (b) the body of the email shall include the following statement in 12-point type:





- 42 -





1113 (4) Except as provided in Subsection (5), the county clerk shall, within two business

1114 days after the day on which the signature of an individual who signs a petition is certified under

1115 Section 20A-21-201, post the name, voter identification number, and date of signature of the

1116 individual on the lieutenant governor's website, in a conspicuous location designated by the

1117 lieutenant governor.

1118 (5) (a) If the county clerk timely receives a statement requesting signature removal

1119 under Subsection 20A-7-216(4), the county clerk shall:

1120 (i) ensure that the voter's name, voter identification number, and date of signature are

1121 not included in the posting described in Subsection (4); and

1122 (ii) remove the voter's signature from the petition and the petition signature totals.

1123 (b) The county clerk shall comply with Subsection (5)(a) before the later of:

1124 (i) the deadline described in Subsection (4); or


1126 requesting signature removal under Subsection 20A-7-216(4).


1128 20A-7-303. Manual referendum process -- Form of referendum petition and

1129 signature sheets.

1130 (1) This section applies only to the manual referendum process.

1131 [(1)] (2) (a) Each proposed referendum petition shall be printed in substantially the

1132 following form:

1133 "REFERENDUM PETITION To the Honorable ____, Lieutenant Governor:

1134 We, the undersigned citizens of Utah, respectfully order that Senate (or House) Bill No.

1135 ____, entitled (title of act, and, if the petition is against less than the whole act, set forth here


- 43 -

1136 the part or parts on which the referendum is sought), passed by the Legislature of the state of

1137 Utah during the ____ Session, be referred to the people of Utah for their approval or rejection

1138 at a regular general election or a statewide special election;




1142 petition;




1146 My residence and post office address are written correctly after my name.".

1147 (b) The sponsors of a referendum or an agent of the sponsors shall attach a copy of the

1148 law that is the subject of the referendum to each referendum petition.





1153 (c) include the title of the referendum printed below the horizontal line, in at least


1155 (d) include a table immediately below the title of the referendum, and beginning .5 inch









- 44 -






















1184 and contain the following words "By signing this petition, you are stating that you have read

1185 and understand the law that this petition seeks to overturn." in 12-point type;



1188 (f) at the bottom of the sheet, include the word "Warning," in 12-point, bold type,

1189 followed by the following statement in not less than eight-point type:


- 45 -

1190 "It is a class A misdemeanor for an individual to sign a referendum petition with a name


1192 once for the same measure, or to sign a referendum petition when the individual knows that the







1199 [(3)] (4) The final page of each referendum packet shall contain the following printed

1200 or typed statement:

1201 Verification of signature collector



1204 I am a Utah resident and am at least 18 years old;




1208 I did not knowingly make a misrepresentation of fact concerning the law this petition

1209 seeks to overturn;



1212 understands the law that the referendum seeks to overturn, and that each signer is registered to

1213 vote in Utah [or intends to become registered to vote before the certification of the petition

1214 names by the county clerk].




- 46 -



1219 ________________________________________________________________________

1220 (Name) (Residence Address) (Date).

1221 [(4)] (5) If the forms described in this section are substantially followed, the

1222 referendum petitions are sufficient, notwithstanding clerical and merely technical errors.




1226 20A-7-304. Manual referendum process -- Circulation requirements --

1227 Lieutenant governor to provide sponsors with materials.




1231 in Subsection [(2)] (3), circulate referendum packets that meet the form requirements of this

1232 part.

1233 [(2)] (3) The lieutenant governor shall furnish to the sponsors:

1234 (a) a copy of the referendum petition; and




1238 sheets; and



1241 [(4)] (5) (a) The sponsors or an agent of the sponsors may prepare the referendum for

1242 circulation by creating multiple referendum packets.

1243 (b) The sponsors or an agent of the sponsors shall create referendum packets by



- 47 -

1244 binding a copy of the referendum and no more than 50 signature sheets together at the top in a

1245 manner that the packets may be conveniently opened for signing.

1246 (c) A referendum packet is not required to have a uniform number of signature sheets.


1248 (i) contact the lieutenant governor's office to receive a range of numbers that the

1249 sponsors may use to number signature packets; and


1251 by the lieutenant governor's office, starting with the lowest number in the range.


1253 (i) number a signature packet in a manner not directed by the lieutenant governor's

1254 office; or


1256 by the lieutenant governor's office.

1257 (c) The lieutenant governor shall keep a record of the number range provided under

1258 Subsection [(5)] (6)(a).


1260 20A-7-304.5. Posting referendum information.

1261 (1) On the day on which the lieutenant governor complies with Subsection

1262 [20A-7-304(2)] 20A-7-304(3), or provides the sponsors with access to the website defined in

1263 Section 20A-21-101, the lieutenant governor shall post the following information together in a

1264 conspicuous place on the lieutenant governor's website:

1265 (a) the referendum petition;

1266 (b) the referendum; and

1267 (c) information describing how an individual may remove the individual's signature

1268 from the [signature packet] petition.

1269 (2) The lieutenant governor shall:

1270 (a) promptly update the information described in Subsection (1) if the information


- 48 -

1271 changes; and

1272 (b) maintain the information described in Subsection (1) on the lieutenant governor's

1273 website until the referendum fails to qualify for the ballot or is passed or defeated at an

1274 election.


1276 20A-7-305. Manual referendum process -- Obtaining signatures -- Verification --



1279 [(1)] (2) A Utah voter may sign a referendum petition if the voter is a legal voter.





1284 of each referendum packet; and

1285 (iii) is informed that each signer is required to read and understand the law that the

1286 referendum seeks to overturn.

1287 (b) An individual may not sign the verification printed on the last page of the

1288 referendum packet if the person signed a signature sheet in the referendum packet.

1289 [(3)] (4) (a) A voter who has signed a referendum petition may have the voter's

1290 signature removed from the petition by submitting to the county clerk a statement requesting

1291 that the voter's signature be removed before 5 p.m. no later than the earlier of:

1292 (i) 30 days after the day on which the voter signs the statement requesting removal; or

1293 (ii) 45 days after the day on which the lieutenant governor posts the voter's name under

1294 Subsection 20A-7-307(2)[(a)].






- 49 -







1304 statement before 5 p.m. no later than 45 days after the day on which the lieutenant governor

1305 posts the voter's name under Subsection 20A-7-307(2)[(a)].

1306 (e) A person may only remove a signature from a referendum petition in accordance



1309 a referendum petition, in accordance with Section [20A-7-206.3] 20A-7-306.3.


1311 20A-7-306. Manual referendum process -- Submitting the referendum petition --

1312 Certification of signatures by the county clerks -- Transfer to lieutenant governor.



1315 verified referendum packet to the county clerk of the county in which the packet was circulated


1317 (i) 30 days after the day on which the first individual signs the referendum packet; or

1318 (ii) 40 days after the day on which the legislative session at which the law passed ends.

1319 (b) A person may not submit a referendum packet after the deadline described in

1320 Subsection [(1)] (2)(a).

1321 [(2)] (3) No later than 21 days after the day on which the county clerk receives a

1322 verified referendum packet, the county clerk shall:


1324 Section 20A-7-306.3;


- 50 -





1329 governor; and

1330 (d) deliver the verified packet to the lieutenant governor.









1339 requesting signature removal under Subsection 20A-7-305[(3)](4).


1341 (a) on an initiative packet that is not verified in accordance with Section 20A-7-305; or


1343 [(5)] (6) A person may not retrieve a referendum packet from a county clerk, or make

1344 any alterations or corrections to a referendum packet, after the referendum packet is submitted

1345 to the county clerk.








- 51 -

1352 register;







1359 record; or





1364 (b) "Substantially similar name" does not include a name having an initial or a middle



1367 (2) [The] In relation to an individual who signs a referendum petition with a

1368 holographic signature, the county clerk shall use the following procedures in determining

1369 whether a signer is a registered voter:

1370 (a) When a signer's name and address shown on the petition exactly match a name and



1373 signature valid.

1374 (b) When there is no exact match of an address and a name, the county clerk shall

1375 declare the signature valid if:

1376 (i) the address on the petition matches the address of a person on the official register

1377 with a substantially similar name; and



- 52 -

1379 voter registration database of the person described in Subsection (2)(b)(i).

1380 (c) When there is no match of an address and a substantially similar name, the county

1381 clerk shall declare the signature valid if:

1382 (i) the birth date or age on the petition matches the birth date or age of a person on the

1383 official register with a substantially similar name; and


1385 voter registration database of the person described in Subsection (2)(c)(i).

1386 (d) If a signature is not declared valid under Subsection (2)(a), (b), or (c), the county



1389 statement to remove the individual's signature from a referendum petition, the county clerk

1390 shall use the following procedures in determining whether to remove a signature from a

1391 petition after receiving a timely, valid statement requesting removal of the signature:
















- 53 -








1413 20A-7-307. Evaluation by the lieutenant governor.

1414 (1) [When] In relation to the manual referendum process, when the lieutenant governor

1415 receives a referendum packet from a county clerk, the lieutenant governor shall record the

1416 number of the referendum packet received.


1418 (a) in relation to the manual referendum process:


1420 described in Subsection 20A-7-306(3)(c) on the lieutenant governor's website, in a conspicuous

1421 location designated by the lieutenant governor, for at least 45 days; and



1424 (b) in relation to the electronic referendum process:



1427 designated by the lieutenant governor, for at least 45 days; and



1430 [(b)] (3) The lieutenant governor:


1432 to be sufficient or insufficient 106 days after the end of the legislative session at which the law


- 54 -

1433 passed; or



1436 [(A)] (i) in relation to the manual referendum process, the total of all valid signatures

1437 on timely and lawfully submitted signature packets that have been certified by the county

1438 clerks, plus the number of signatures on timely and lawfully submitted signature packets that

1439 have not yet been evaluated for certification, is less than the number of names required under

1440 Section 20A-7-301; [or]

1441 (ii) in relation to the electronic referendum process, the total of all timely and lawfully






1447 [(c)] (4) (a) If the total number of names certified under [this] Subsection [(2)] (3)

1448 equals or exceeds the number of names required under Section 20A-7-301, and the

1449 requirements of this part are met, the lieutenant governor shall mark upon the front of the

1450 petition the word "sufficient."



1453 of this part is not met, the lieutenant governor shall mark upon the front of the petition the

1454 word "insufficient."

1455 [(e)] (c) The lieutenant governor shall immediately notify any one of the sponsors of

1456 the lieutenant governor's finding.

1457 [(f)] (d) After a petition is declared insufficient, a person may not submit additional


1459 [(3)] (5) (a) If the lieutenant governor refuses to accept and file a referendum that a






- 55 -

1460 voter believes is legally sufficient, the voter may, no later than 10 days after the day on which

1461 the lieutenant governor declares the petition insufficient, apply to the appropriate court for an

1462 extraordinary writ to compel the lieutenant governor to accept and file the referendum petition.

1463 (b) If the court determines that the referendum petition is legally sufficient, the

1464 lieutenant governor shall file the petition, with a verified copy of the judgment attached to the

1465 referendum petition, as of the date on which the petition was originally offered for filing in the

1466 lieutenant governor's office.

1467 (c) If the court determines that a petition filed is not legally sufficient, the court may

1468 enjoin the lieutenant governor and all other officers from certifying or printing the ballot title

1469 and numbers of that measure on the official ballot.






1475 (a) sign any name other than the person's own to a referendum petition;

1476 (b) knowingly sign the person's name more than once for the same measure at one

1477 election;

1478 (c) knowingly indicate [on a referendum packet] that a person who signed [the packet

1479 signed the packet] a referendum petition signed the petition on a date other than the date that

1480 the person signed the [packet] petition;

1481 (d) sign a referendum knowing the person is not a legal voter; or

1482 (e) knowingly and willfully violate any provision of this part.

1483 (2) It is unlawful for any person to sign the verification for a referendum packet, or to

1484 electronically sign the verification for a signature under Subsection 20A-21-201(9) knowing

1485 that:

1486 (a) the person does not meet the residency requirements of Section 20A-2-105;



- 56 -

1487 (b) the signature date [next to] associated with the person's [name on the referendum

1488 packet] signature for the referendum is not the date that the person signed the [packet] petition;

1489 (c) the person has not witnessed the signatures of those persons whose [names appear

1490 in the referendum packet] signatures the person collects or submits; or

1491 (d) one or more [persons whose signatures appear in the referendum packet is either:

1492 (i)] individuals who sign the referendum are not registered to vote in Utah[; or].



1495 (a) pay a person to sign a referendum petition;

1496 (b) pay a person to remove the person's signature from a referendum petition;

1497 (c) accept payment to sign a referendum petition; or

1498 (d) accept payment to have the person's name removed from a referendum petition.

1499 (4) Any person violating this section is guilty of a class A misdemeanor.


1501 20A-7-313. Electronic referendum process -- Form of referendum petition --

1502 Circulation requirements -- Signature collection.

1503 (1) This section applies only to the electronic referendum process.


1505 statement:

1506 "This REFERENDUM PETITION is addressed to the Honorable ____, Lieutenant

1507 Governor:

1508 The citizens of Utah who sign this petition respectfully order that Senate (or House)

1509 Bill No.____, entitled (title of act, and, if the petition is against less than the whole act, set

1510 forth here the part or parts on which the referendum is sought), passed by the Legislature of the

1511 state of Utah during the ____ Session, be referred to the people of Utah for their approval or

1512 rejection at a regular general election or a statewide special election."



- 57 -



1516 (3) (a) The second screen presented on the approved device shall include the entire text

1517 of the law that is the subject of the referendum petition.



1520 understand the entire text of the law that is the subject of the referendum petition."

1521 (4) (a) The third screen presented on the approved device shall include a statement

1522 indicating whether persons gathering signatures for the petition may be paid for gathering

1523 signatures.


1525 at the bottom of the first screen stating, "By clicking here, I attest that I have read and


1527 (5) The fourth screen presented on the approved device shall include the following

1528 statement, followed by links where the individual may click "yes" or "no":





1533 accurate.

1534 It is a class A misdemeanor for an individual to sign a referendum petition with a name




1538 WARNING




- 58 -

1541 public.



1544 (5), the next screen shall include the following statement, "Thank you for your time. Please



1547 (5), the website, or the application that accesses the website, shall take the signature-gatherer


1549 20A-21-201.


1551 20A-7-314. Electronic referendum process -- Obtaining signatures -- Request to


1553 (1) This section applies to the electronic referendum process.

1554 (2) A Utah voter may sign a referendum petition if the voter is a legal voter.


1556 an individual:



1559 (b) is informed that each signer is required to read and understand the law that is the

1560 subject of the referendum petition.

1561 (4) A voter who has signed a referendum petition may have the voter's signature



1564 (a) 30 days after the day on which the voter signs the statement requesting removal; or

1565 (b) 45 days after the day on which the lieutenant governor posts the voter's name under

1566 Subsection 20A-7-315(4).

1567 (5) (a) The statement shall include:



- 59 -




1571 (iv) the date of the signature described in Subsection (5)(a)(iii).

1572 (b) To increase the likelihood of the voter's signature being identified and removed, the


1574 (c) A voter may not submit a signature removal statement by email or other electronic



1577 (d) A person may only remove an electronic signature from a referendum petition in


1579 (e) A county clerk shall analyze a holographic signature, for purposes of removing an

1580 electronic signature from a referendum petition, in accordance with Section 20A-7-306.3.


1582 20A-7-315. Electronic referendum process -- Collecting signatures ---- Removal of

1583 signatures.


1585 (2) A signature-gatherer may not collect a signature after 5 p.m., 40 days after the day

1586 on which the legislative session at which the law passed ends.

1587 (3) The lieutenant governor shall send to each individual who provides a valid email

1588 address during the signature-gathering process an email that includes the following:




1592 "You signed a petition for the following referendum:


1594 To access a copy of the referendum petition, the referendum, and information on the


- 60 -

1595 deadline for removing your signature from the petition, please visit the following link: [insert a

1596 uniform resource locator that takes the individual directly to the page on the lieutenant

1597 governor's website that includes the information referred to in the email]."






1603 (5) (a) If the county clerk timely receives a statement requesting signature removal

1604 under Subsection 20A-7-314(4), the county clerk shall:




1608 (b) The county clerk shall comply with Subsection (5)(a) before the later of:





1613 20A-7-502.6. Posting initiative information.

1614 (1) Within one business day after the day on which the local clerk's office receives the

1615 initial fiscal impact estimate under Subsection 20A-7-502.5(4)(a), the local clerk shall post the

1616 following information together in a conspicuous place on the local clerk's website:

1617 (a) the initiative petition;

1618 (b) the initiative;

1619 (c) the fiscal impact estimate; and

1620 (d) information describing how an individual may remove the individual's signature

1621 from the signature [packet] petition.



- 61 -

1622 (2) The local clerk shall:


1624 changes; and

1625 (b) maintain the information described in Subsection (1) on the local clerk's website

1626 until the initiative fails to qualify for the ballot or is passed or defeated at an election.


1628 20A-7-502.7. Referability to voters.

1629 (1) Within 20 days after the day on which an eligible voter files an application to

1630 circulate an initiative petition under Section 20A-7-502, counsel for the county, city, town, or

1631 metro township to which the initiative pertains shall:

1632 (a) review the proposed law in the initiative application to determine whether the law is

1633 legally referable to voters; and

1634 (b) notify the first three sponsors, in writing, whether the proposed law is:

1635 (i) legally referable to voters; or

1636 (ii) rejected as not legally referable to voters.

1637 (2) A proposed law in an initiative application is legally referable to voters unless:

1638 (a) the proposed law is patently unconstitutional;

1639 (b) the proposed law is nonsensical;

1640 (c) the proposed law is administrative, rather than legislative, in nature;

1641 (d) the proposed law could not become law if passed;

1642 (e) the proposed law contains more than one subject as evaluated in accordance with

1643 Subsection 20A-7-502(3);

1644 (f) the subject of the proposed law is not clearly expressed in the law's title;

1645 (g) the proposed law is identical or substantially similar to a legally referable proposed

1646 law sought by an initiative application submitted to the local clerk, under Section 20A-7-502,

1647 within two years before the day on which the application for the current proposed initiative is

1648 filed; or





- 62 -

1649 (h) the application for the proposed law was not timely filed or does not comply with

1650 the requirements of this part.

1651 (3) After the end of the 20-day period described in Subsection (1), a county, city, town,

1652 or metro township may not:

1653 (a) reject a proposed initiative as not legally referable to voters; or

1654 (b) bring a legal action, other than to appeal a court decision, challenging a proposed

1655 initiative on the grounds that the proposed initiative is not legally referable to voters.

1656 (4) If a county, city, town, or metro township rejects a proposed initiative, a sponsor of

1657 the proposed initiative may, within 10 days after the day on which a sponsor is notified under

1658 Subsection (1)(b), appeal the decision to:

1659 (a) district court; or

1660 (b) the Supreme Court, if the Supreme Court has original jurisdiction over the appeal.

1661 (5) If, on appeal, the court determines that the law proposed in the initiative petition is

1662 legally referable to voters, the local clerk shall comply with Subsection [20A-7-504(2)]

1663 20A-7-504(3), or give the sponsors access to the website defined in Section 20A-21-101,

1664 within five days after the day on which the determination, and any appeal of the determination,

1665 is final.


1667 20A-7-503. Manual initiative process -- Form of initiative petitions and signature

1668 sheets.


1670 [(1)] (2) (a) Each proposed initiative petition shall be printed in substantially the


1672 "INITIATIVE PETITION To the Honorable ____, County Clerk/City Recorder/Town

1673 Clerk:

1674 We, the undersigned citizens of Utah, respectfully demand that the following proposed

1675 law be submitted to: the legislative body for its approval or rejection at its next meeting; and


- 63 -

1676 the legal voters of the county/city/town, if the legislative body rejects the proposed law or takes

1677 no action on it.




1681 petition;




1685 My residence and post office address are written correctly after my name."

1686 (b) If the initiative petition proposes a tax increase, the following statement shall

1687 appear, in at least 14-point, bold type, immediately following the information described in

1688 Subsection [(1)] (2)(a):



1691 percent increase in the current tax rate."

1692 (c) The sponsors of an initiative or an agent of the sponsors shall attach a copy of the

1693 proposed law to each initiative petition.





1698 (c) include the title of the initiative printed below the horizontal line, in at least


1700 (d) include a table immediately below the title of the initiative, and beginning .5 inch




- 64 -



























1729 and contain the following words "By signing this petition, you are stating that you have read


- 65 -

1730 and understand the law proposed by this petition." in 12-point type;



1733 (f) at the bottom of the sheet, include in the following order:

1734 (i) the words "Fiscal impact of" followed by the title of the initiative, in at least


1736 (ii) the initial fiscal impact estimate's summary statement issued by the budget officer

1737 in accordance with Subsection 20A-7-502.5(2)(b) and the cost estimate for printing and

1738 distributing information related to the initiative petition in accordance with Subsection

1739 20A-7-502.5(3), in not less than 12-point, bold type;

1740 (iii) if the initiative petition proposes a tax increase, the following statement in

1741 12-point, bold type:



1744 percent increase in the current tax rate."; and

1745 (iv) the word "Warning," in 12-point, bold type, followed by the following statement in

1746 not less than eight-point type:

1747 "It is a class A misdemeanor for an individual to sign an initiative petition with a name









1756 [(3)] (4) The final page of each initiative packet shall contain the following printed or




- 66 -

1757 typed statement:

1758 "Verification of signature collector







1765 I did not knowingly make a misrepresentation of fact concerning the law proposed by

1766 the initiative;



1769 understands the law proposed by the initiative, and that each signer is registered to vote in Utah

1770 [or intends to become registered to vote before the certification of the petition names by the

1771 county clerk].

1772 ________________________________________________________________________






1778 _____________________________________________________________________

1779 (Name) (Residence Address) (Date)".

1780 [(4)] (5) If the forms described in this section are substantially followed, the initiative

1781 petitions are sufficient, notwithstanding clerical and merely technical errors.



- 67 -



1785 20A-7-504. Manual initiative process -- Circulation requirements -- Local clerk to

1786 provide sponsors with materials.




1790 in Subsections [(2)] (3) and 20A-7-401.5(4)(b), circulate initiative packets that meet the form

1791 requirements of this part.

1792 [(2)] (3) Within five days after the day on which a county, city, town, metro township,

1793 or court determines, in accordance with Section 20A-7-502.7, that a law proposed in an

1794 initiative petition is legally referable to voters, the local clerk shall furnish to the sponsors:

1795 (a) a copy of the initiative petition; and




1799 sheets; and



1802 [(4)] (5) (a) The sponsors or an agent of the sponsors may prepare the initiative for

1803 circulation by creating multiple initiative packets.

1804 (b) The sponsors or an agent of the sponsors shall create initiative packets by binding a

1805 copy of the initiative petition and no more than 50 signature sheets together at the top in a

1806 manner that the packets may be conveniently opened for signing.

1807 (c) An initiative packet is not required to have a uniform number of signature sheets.

1808 (d) The sponsors or an agent of the sponsors shall include, with each packet, a copy of

1809 the proposition information pamphlet provided to the sponsors under Subsection




- 68 -

1810 20A-7-401.5(4)(b).


1812 (i) contact the county clerk to receive a range of numbers that the sponsors may use to

1813 number signature packets; and


1815 by the county clerk, starting with the lowest number in the range.


1817 (i) number a signature packet in a manner not directed by the county clerk; or


1819 by the county clerk.

1820 (c) The county clerk shall keep a record of the number range provided under

1821 Subsection [(5)] (6)(a).


1823 20A-7-505. Manual initiative process -- Obtaining signatures -- Verification --



1826 [(1)] (2) A Utah voter may sign a local initiative petition if the voter is a legal voter and

1827 resides in the local jurisdiction.





1832 of each initiative packet; and

1833 (iii) is informed that each signer is required to read and understand the law proposed by


1835 (b) An individual may not sign the verification printed on the last page of the initiative

1836 packet if the individual signed a signature sheet in the initiative packet.




- 69 -

1837 [(3)] (4) (a) A voter who has signed an initiative petition may have the voter's signature

1838 removed from the petition by submitting a statement requesting that the voter's signature be

1839 removed before 5 p.m. no later than the earlier of:

1840 (i) 30 days after the day on which the voter signs the signature removal statement;

1841 (ii) 90 days after the day on which the local clerk posts the voter's name under

1842 Subsection 20A-7-507(2)[(a)];

1843 (iii) 316 days after the day on which the application is filed; or

1844 (iv) (A) for a county initiative, April 15 immediately before the next regular general

1845 election immediately after the application is filed under Section 20A-7-502; or

1846 (B) for a municipal initiative, April 15 immediately before the next municipal general

1847 election immediately after the application is filed under Section 20A-7-502.










1857 statement before 5 p.m. no later than the applicable deadline described in Subsection [(3)]

1858 (4)(a).

1859 (e) A person may only remove a signature from an initiative petition in accordance

1860 with this Subsection [(3)] (4)(a).


1862 an initiative petition, in accordance with Section 20A-7-506.3.





- 70 -

1864 20A-7-506. Manual initiative process -- Submitting the initiative petition --

1865 Certification of signatures by the county clerks -- Transfer to local clerk.



1868 verified initiative packet to the county clerk of the county in which the packet was circulated


1870 (i) 30 days after the day on which the first individual signs the initiative packet;

1871 (ii) 316 days after the day on which the application is filed; or

1872 (iii) (A) for a county initiative, April 15 immediately before the next regular general




1876 (b) A person may not submit an initiative packet after the deadline established in

1877 Subsection [(1)] (2)(a).

1878 (c) Before delivering a packet to the county clerk under Subsection [(1)] (2), the

1879 sponsors shall send an email to each individual who provides a legible, valid email address on

1880 the form described in Subsection 20A-7-503[(2)](3)(d) that includes the following:

1881 (i) the subject of the email shall include the following statement, "Notice Regarding


1883 (ii) the body of the email shall include the following statement in 12-point type:






1889 on the county clerk's website that includes the information referred to in the email]."

1890 (d) When the sponsors submit the final signature packet to the county clerk, the




- 71 -

1891 sponsors shall submit to the county clerk the following written verification, completed and

1892 signed by each of the sponsors:

1893 "Verification of initiative sponsor

1894 State of Utah, County of __________

1895 I, ____________, of ____________, hereby state, under penalty of perjury, that:

1896 I am a sponsor of the initiative petition entitled __________________________;

1897 I sent, or caused to be sent, to each individual who provided a legible, valid email

1898 address on a signature packet submitted to the county clerk in relation to the initiative petition,

1899 the email described in Utah Code Subsection 20A-7-506[(1)(c)](2)(c).

1900 ____________________________________________________________________________


1902 (e) Signatures gathered for the initiative petition are not valid if the sponsors do not

1903 comply with this Subsection [(1)] (2).

1904 [(2)] (3) The county clerk shall, within 21 days after the day on which the county clerk

1905 receives the packet:


1907 Section 20A-7-506.3;





1912 governor; and

1913 (d) deliver the verified initiative packet to the local clerk.






- 72 -





1922 requesting signature removal under Subsection [20A-7-505(3)] 20A-7-505(4).

1923 (c) The local clerk shall post a link in a conspicuous location on the local government's

1924 website to the posting described in Subsection [(2)] (3)(c) during the period of time described

1925 in Subsection [20A-7-507(2)(a)(i)] 20A-7-507(3)(a).

1926 [(4)] (5) The county clerk may not certify a signature under Subsection [(2)] (3) on an

1927 initiative packet that is not verified in accordance with Section 20A-7-505.

1928 [(5)] (6) A person may not retrieve an initiative packet from a county clerk, or make

1929 any alterations or corrections to an initiative packet, after the initiative packet is submitted to

1930 the county clerk.







1937 register;







1944 record; or


- 73 -





1949 (b) "Substantially similar name" does not mean a name having an initial or a middle



1952 (2) [The] In relation to an individual who signs an initiative petition with a holographic

1953 signature, the county clerk shall use the following procedures in determining whether a signer

1954 is a registered voter:










1964 voter registration database of the individual described in Subsection (2)(b)(i).






1970 voter registration database of the individual described in Subsection (2)(c)(i).

1971 (d) If a signature is not declared valid under Subsection (2)(a), (2)(b), or (2)(c), the


- 74 -

1972 county clerk shall declare the signature to be invalid.


1974 statement to remove the individual's signature from an initiative petition, the county clerk shall

1975 use the following procedures in determining whether to remove a signature from a petition

1976 after receiving a timely, valid statement requesting removal of the signature:






















1998 20A-7-507. Evaluation by the local clerk.


- 75 -

1999 (1) [When] In relation to the manual initiative process, when a local clerk receives an

2000 initiative packet from a county clerk, the local clerk shall record the number of the initiative

2001 packet received.


2003 (a) in relation to the manual initiative process:


2005 described in Subsection [20A-7-506(2)(c)] 20A-7-506(3)(c) on the lieutenant governor's

2006 website, in a conspicuous location designated by the lieutenant governor, for at least 90 days;

2007 and

2008 (ii) update on the local government's website the number of signatures certified as of


2010 (b) in relation to the electronic initiative process:




2014 (ii) update on the local government's website the number of signatures certified as of


2016 [(b)] (3) The local clerk:


2018 to be sufficient or insufficient:

2019 (i) in relation to the manual initiative process, no later than 21 days after the day of the

2020 applicable deadline described in Subsection [20A-7-506(1)(a)] 20A-7-506(2)(a); or

2021 (ii) in relation to the electronic initiative process, no later than 21 days after the day of

2022 the applicable deadline described in Subsection 20A-7-516(2); or



2025 [(A)] (i) in relation to the manual initiative process, the total of all valid signatures on


- 76 -

2026 timely and lawfully submitted signature packets that have been certified by the county clerks,



2029 20A-7-501; [or]

2030 (ii) in relation to the electronic initiative process, the total of all timely and lawfully






2036 [(c)] (4) (a) If the total number of names certified [names from each verified signature

2037 sheet] under Subsection (3) equals or exceeds the number of names required by Section

2038 20A-7-501 and the requirements of this part are met, the local clerk shall mark upon the front

2039 of the petition the word "sufficient."

2040 [(d)] (b) If the total number of names certified [names from each verified signature

2041 sheet] under Subsection (3) does not equal or exceed the number of names required by Section

2042 20A-7-501 or a requirement of this part is not met, the local clerk shall mark upon the front of

2043 the petition the word "insufficient."

2044 [(e)] (c) The local clerk shall immediately notify any one of the sponsors of the local

2045 clerk's finding.



2048 [(3)] (5) If the local clerk finds the total number of certified signatures from each

2049 verified signature sheet to be insufficient, any sponsor may file a written demand with the local

2050 clerk for a recount of the signatures appearing on the initiative petition in the presence of any

2051 sponsor.







- 77 -




2056 (1) It is unlawful for any individual to:

2057 (a) sign any name other than the individual's own name to any initiative petition;

2058 (b) sign an initiative knowing the individual is not a legal voter; or

2059 (c) knowingly and willfully violate any provision of this part.

2060 (2) It is unlawful for any individual to sign the verification for an initiative packet, or

2061 to electronically sign the verification for a signature under Subsection 20A-21-201(9), knowing

2062 that:

2063 (a) the individual does not meet the residency requirements of Section 20A-2-105;

2064 (b) the individual has not witnessed the signatures of the individuals whose [names

2065 appear in the initiative packet] signatures the individual collects or submits; or

2066 (c) one or more individuals [whose signatures appear in the initiative packet is either:

2067 (i)] who signed the initiative petition are not registered to vote in Utah[; or].


2069 (3) An individual who violates this part is guilty of a class A misdemeanor.


2071 20A-7-514. Electronic initiative process - Form of initiative petition -- Circulation

2072 requirements -- Signature collection.



2075 statement:

2076 "This INITIATIVE PETITION is addressed to the Honorable ____, County Clerk/City

2077 Recorder/Town Clerk:

2078 The citizens of Utah who sign this petition respectfully demand that the following

2079 proposed law be submitted to: the legislative body for its approval or rejection at its next



- 78 -

2080 meeting; and the legal voters of the county/city/town, if the legislative body rejects the

2081 proposed law or takes no action on it."




2085 (3) (a) The second screen presented on the approved device shall include the title of

2086 proposed law, described in Subsection 20A-7-502(2)(d)(i), followed by the entire text of the

2087 proposed law.



2090 understand the entire text of the proposed law."

2091 (4) Subsequent screens shall be presented on the device in the following order, with the

2092 individual viewing the device being required, before advancing to the next screen, to click a

2093 link at the bottom of the screen with the following statement, "By clicking here, I attest that I

2094 have read and understand the information presented on this screen.":

2095 (a) (i) if the initiative petition proposes a tax increase, the following statement, "This

2096 initiative petition seeks to increase the current (insert name of tax) rate by (insert the tax

2097 percentage difference) percent, resulting in a(n) (insert the tax percentage increase) percent

2098 increase in the current tax rate."; or

2099 (ii) if the initiative petition does not propose a tax increase, the following statement,

2100 "This initiative petition does not propose a tax increase.";

2101 (b) the initial fiscal impact estimate's summary statement issued by the budget officer

2102 in accordance with Subsection 20A-7-502.5(2)(b) and the cost estimate for printing and

2103 distributing information related to the initiative petition in accordance with Subsection

2104 20A-7-502.5(3);

2105 (c) a statement indicating whether persons gathering signatures for the petition may be

2106 paid for gathering signatures; and





- 79 -

2107 (d) the following statement, followed by links where the individual may click "yes" or

2108 "no":





2113 accurate.

2114 It is a class A misdemeanor for an individual to sign an initiative petition with a name




2118 WARNING



2121 public.



2124 (4)(d), the next screen shall include the following statement, "Thank you for your time. Please



2127 (4)(d), the website, or the application that accesses the website, shall take the signature-gatherer


2129 20A-21-201.


2131 20A-7-515. Electronic initiative process -- Obtaining signatures -- Request to


2133 (1) This section applies to the electronic initiative process.


- 80 -

2134 (2) A Utah voter may sign a local initiative petition if the voter is a legal voter and



2137 an individual:



2140 (b) is informed that each signer is required to read and understand the law proposed by


2142 (4) (a) A voter who has signed an initiative petition may have the voter's signature



2145 (i) 30 days after the day on which the voter signs the signature removal statement;


2147 Subsection 20A-7-516(4);

2148 (iii) 316 days after the day on which the application is filed; or

2149 (iv) (A) for a county initiative, April 15 immediately before the next regular general




2153 (b) The statement shall include:




2157 (iv) the date of the signature described in Subsection (4)(b)(iii).

2158 (c) To increase the likelihood of the voter's signature being identified and removed, the


2160 (d) A voter may not submit a signature removal statement by email or other electronic





- 81 -



2163 (e) A person may only remove an electronic signature from an initiative petition in


2165 (f) A county clerk shall analyze a holographic signature, for purposes of removing an

2166 electronic signature from an initiative petition, in accordance with Section 20A-7-506.3.


2168 20A-7-516. Electronic initiative process -- Collecting signatures -- Email

2169 notification -- Removal of signatures.


2171 (2) A signature-gatherer may not collect a signature after 5 p.m., the earlier of:

2172 (a) 316 days after the day on which the application is filed; or

2173 (b) (i) for a county initiative, April 15 immediately before the next regular general


2175 (ii) for a municipal initiative, April 15 immediately before the next municipal general


2177 (3) The local clerk shall send to each individual who provides a valid email address

2178 during the signature-gathering process an email that includes the following:













- 82 -






2193 (5) (a) If the local clerk timely receives a statement requesting signature removal under

2194 Subsection 20A-7-515(4), the local clerk shall:




2198 (b) The local clerk shall comply with Subsection (5)(a) before the later of:





2203 20A-7-602.7. Referability to voters of local law other than land use law.


2205 circulate a referendum petition under Section 20A-7-602 for a local law other than a land use

2206 law, counsel for the county, city, town, or metro township to which the referendum pertains

2207 shall:

2208 (a) review the application to determine whether the proposed referendum is legally

2209 referable to voters; and

2210 (b) notify the first three sponsors, in writing, whether the proposed referendum is:



2213 (2) For a local law other than a land use law, a proposed referendum is legally referable

2214 to voters unless:



- 83 -

2215 (a) the proposed referendum challenges an action that is administrative, rather than

2216 legislative, in nature;

2217 (b) the proposed referendum challenges more than one law passed by the local

2218 legislative body; or

2219 (c) the application for the proposed referendum was not timely filed or does not

2220 comply with the requirements of this part.


2222 or metro township may not, for a local law other than a land use law:

2223 (a) reject a proposed referendum as not legally referable to voters; or

2224 (b) except as provided in Subsection (4), challenge, in a legal action or otherwise, a

2225 proposed referendum on the grounds that the proposed referendum is not legally referable to

2226 voters.

2227 (4) (a) If, under Subsection (1)(b)(ii), a county, city, town, or metro township rejects a

2228 proposed referendum concerning a local law other than a land use law, a sponsor of the

2229 proposed referendum may, within 10 days after the day on which a sponsor is notified under

2230 Subsection (1)(b), challenge or appeal the decision to:

2231 (i) the Supreme Court, by means of an extraordinary writ, if possible; or

2232 (ii) a district court, if the sponsor is prohibited from pursuing an extraordinary writ

2233 under Subsection (4)(a)(i).

2234 (b) Failure of a sponsor to timely challenge or appeal a rejection under Subsection

2235 (4)(a) terminates the referendum.

2236 (5) If, on a challenge or appeal, the court determines that the proposed referendum

2237 described in Subsection (4) is legally referable to voters, the local clerk shall comply with

2238 Subsection [20A-7-604(2)] 20A-7-604(3), or give the sponsors access to the website defined in

2239 Section 20A-21-101, within five days after the day on which the determination, and any

2240 challenge or appeal of the determination, is final.



- 84 -

2242 20A-7-602.8. Referability to voters of local land use law.


2244 circulate a referendum petition under Section 20A-7-602 for a land use law, counsel for the

2245 county, city, town, or metro township to which the referendum pertains shall:

2246 (a) review the application to determine whether the proposed referendum is legally

2247 referable to voters; and

2248 (b) notify the first three sponsors, in writing, whether the proposed referendum is:



2251 (2) For a land use law, a proposed referendum is legally referable to voters unless:

2252 (a) the proposed referendum challenges an action that is administrative, rather than

2253 legislative, in nature;

2254 (b) the proposed referendum challenges a land use decision, rather than a land use

2255 regulation, as those terms are defined in Section 10-9a-103 or 17-27a-103;

2256 (c) the proposed referendum challenges more than one law passed by the local


2258 (d) the application for the proposed referendum was not timely filed or does not

2259 comply with the requirements of this part.


2261 or metro township may not, for a land use law:

2262 (a) reject a proposed referendum as not legally referable to voters; or

2263 (b) except as provided in Subsection (4), challenge, in a legal action or otherwise, a

2264 proposed referendum on the grounds that the proposed referendum is not legally referable to

2265 voters.

2266 (4) (a) If a county, city, town, or metro township rejects a proposed referendum

2267 concerning a land use law, a sponsor of the proposed referendum may, within seven days after

2268 the day on which a sponsor is notified under Subsection (1)(b), challenge or appeal the decision





- 85 -

2269 to:

2270 (i) the Supreme Court, by means of an extraordinary writ, if possible; or

2271 (ii) a district court, if the sponsor is prohibited from pursuing an extraordinary writ

2272 under Subsection (4)(a)(i).

2273 (b) Failure of a sponsor to timely challenge or appeal a rejection under Subsection

2274 (4)(a) terminates the referendum.

2275 (5) If, on challenge or appeal, the court determines that the proposed referendum is

2276 legally referable to voters, the local clerk shall comply with Subsection [20A-7-604(2)]

2277 20A-7-604(3), or give the sponsors access to the website defined in Section 20A-21-101,

2278 within five days after the day on which the determination, and any challenge or appeal of the

2279 determination, is final.


2281 20A-7-603. Manual referendum process -- Form of referendum petition and

2282 signature sheets.


2284 [(1)] (2) (a) Each proposed referendum petition shall be printed in substantially the


2286 "REFERENDUM PETITION To the Honorable ____, County Clerk/City

2287 Recorder/Town Clerk:

2288 We, the undersigned citizens of Utah, respectfully order that (description of local law or

2289 portion of local law being challenged), passed by the ____ be referred to the voters for their

2290 approval or rejection at the regular/municipal general election to be held on

2291 __________(month\day\year);




2295 petition;


- 86 -




2299 My residence and post office address are written correctly after my name."

2300 (b) The sponsors of a referendum or an agent of the sponsors shall attach a copy of the

2301 law that is the subject of the referendum to each referendum petition.





2306 (c) include the title of the referendum printed below the horizontal line, in at least

2307 14-point type;

2308 (d) include a table immediately below the title of the referendum, and beginning .5 inch
















- 87 -















2337 and contain the following words, "By signing this petition, you are stating that you have read

2338 and understand the law that this petition seeks to overturn." in 12-point type;


2340 room at the bottom of the sheet or the information described in Subsection [(2)] (3)(f); and

2341 (f) at the bottom of the sheet, include the word "Warning," in 12-point, bold type,

2342 followed by the following statement in not less than eight-point type:

2343 "It is a class A misdemeanor for an individual to sign a referendum petition with a name








- 88 -



2352 [(3)] (4) The final page of each referendum packet shall contain the following printed

2353 or typed statement:

2354 "Verification of signature collector







2361 I did not knowingly make a misrepresentation of fact concerning the law this petition

2362 seeks to overturn;



2365 understands the law that the referendum seeks to overturn, and that each signer is registered to

2366 vote in Utah [or intends to become registered to vote before the certification of the petition

2367 names by the county clerk].

2368 ________________________________________________________________________






2374 _____________________________________________________________________


2376 [(4)] (5) If the forms described in this section are substantially followed, the


- 89 -

2377 referendum petitions are sufficient, notwithstanding clerical and merely technical errors.




2381 20A-7-604. Manual referendum process -- Circulation requirements -- Local

2382 clerk to provide sponsors with materials.




2386 in Subsections [(2)] (3) and 20A-7-401.5(4)(b), circulate referendum packets that meet the

2387 form requirements of this part.

2388 [(2)] (3) Within five days after the day on which a county, city, town, metro township,

2389 or court determines, in accordance with Section 20A-7-602.7, that a proposed referendum is

2390 legally referable to voters, the local clerk shall furnish to the sponsors:

2391 (a) a copy of the referendum petition; and




2395 sheets; and



2398 [(4)] (5) (a) The sponsors or an agent of the sponsors may prepare the referendum for

2399 circulation by creating multiple referendum packets.

2400 (b) The sponsors or an agent of the sponsors shall create referendum packets by

2401 binding a copy of the referendum petition and no more than 50 signature sheets together at the

2402 top in a manner that the packets may be conveniently opened for signing.

2403 (c) A referendum packet is not required to have a uniform number of signature sheets.




- 90 -

2404 (d) The sponsors or an agent of the sponsors shall include, with each packet, a copy of

2405 the proposition information pamphlet provided to the sponsors under Subsection

2406 20A-7-401.5(4)(b).


2408 (i) contact the county clerk to receive a range of numbers that the sponsors may use to

2409 number signature packets; and


2411 by the county clerk, starting with the lowest number in the range.


2413 (i) number a signature packet in a manner not directed by the county clerk; or


2415 by the county clerk.

2416 (c) The county clerk shall keep a record of the number range provided under

2417 Subsection [(5)] (6)(a).


2419 20A-7-604.5. Posting referendum information.

2420 (1) On the day on which the local clerk complies with Subsection [20A-7-604(2)]

2421 20A-7-604(3), or gives the sponsors access to the website defined in Section 20A-21-101, the

2422 local clerk shall post the following information together in a conspicuous place on the local

2423 clerk's website:

2424 (a) the referendum petition;

2425 (b) the referendum; and

2426 (c) information describing how an individual may remove the individual's signature

2427 from the [signature packet] petition.

2428 (2) The local clerk shall:


2430 changes; and



- 91 -

2431 (b) maintain the information described in Subsection (1) on the local clerk's website

2432 until the referendum fails to qualify for the ballot or is passed or defeated at an election.


2434 20A-7-605. Manual referendum process -- Obtaining signatures -- Verification --



2437 [(1)] (2) A Utah voter may sign a local referendum petition if the voter is a legal voter

2438 and resides in the local jurisdiction.





2443 of each referendum packet; and

2444 (iii) is informed that each signer is required to read and understand the law that the

2445 referendum seeks to overturn.

2446 (b) An individual may not sign the verification printed on the last page of the

2447 referendum packet if the individual signed a signature sheet in the referendum packet.

2448 [(3)] (4) (a) A voter who has signed a referendum petition may have the voter's

2449 signature removed from the petition by submitting to the county clerk a statement requesting

2450 that the voter's signature be removed no later than the earlier of:



2453 Subsection 20A-7-607(2)(a).







- 92 -






2463 statement before 5 p.m. no later than 45 days after the day on which the local clerk posts the

2464 voter's name under Subsection 20A-7-607(2)(a).

2465 (e) A person may only remove a signature from a referendum petition in accordance



2468 a referendum petition, in accordance with Section 20A-7-606.3.


2470 20A-7-606. Manual referendum process -- Submitting the referendum petition --

2471 Certification of signatures by the county clerks -- Transfer to local clerk.



2474 verified referendum packet to the county clerk of the county in which the packet was circulated


2476 (i) 30 days after the day on which the first individual signs the referendum packet; or

2477 (ii) 45 days after the day on which the sponsors receive the items described in

2478 Subsection [20A-7-604(2)] 20A-7-604(3) or from the local clerk.

2479 (b) A person may not submit a referendum packet after the deadline described in

2480 Subsection [(1)] (2)(a).

2481 [(2)] (3) No later than 21 days after the day on which a county clerk receives a verified

2482 referendum packet under Subsection [(1)] (2)(a), the county clerk shall:


2484 Section 20A-7-606.3;


- 93 -


2486 (c) provide the name [and], voter identification number, and date of signature of each

2487 registered voter certified under Subsection [(2)] (3)(b); and

2488 (d) deliver the verified packet to the local clerk.


2490 removal under Subsection [20A-7-605(3)] 20A-7-605(4), the county clerk shall:


2492 are not included in the posting described in Subsection 20A-7-607(2)(a); and





2497 requesting signature removal under Subsection [20A-7-605(3)] 20A-7-605(4).

2498 (c) The local clerk shall post a link in a conspicuous location on the local government's

2499 website to the posting described in Subsection 20A-7-607(2)(a) during the period of time

2500 described in Subsection 20A-7-607(2)(a)(i).


2502 (a) on a referendum packet that is not verified in accordance with Section 20A-7-605;

2503 or


2505 [(5)] (6) A person may not retrieve a referendum packet from a county clerk, or make

2506 any alterations or corrections to a referendum packet, after the referendum packet is submitted

2507 to the county clerk.






- 94 -



2514 register;







2521 record; or





2526 (b) "Substantially similar name" does not mean a name having an initial or a middle



2529 (2) [The] In relation to an individual who signs a referendum petition with a

2530 holographic signature, the county clerk shall use the following procedures in determining

2531 whether a signer is a registered voter:









- 95 -



2541 voter registration database of the individual described in Subsection (2)(b)(i).






2547 voter registration database of the individual described in Subsection (2)(c)(i).

2548 (d) If a signature is not declared valid under Subsection (2)(a), (b), or (c), the county



2551 statement to remove the individual's signature from a referendum petition, the county clerk

2552 shall use the following procedures in determining whether to remove a signature from a

2553 petition after receiving a timely, valid statement requesting removal of the signature:














- 96 -










2575 20A-7-607. Evaluation by the local clerk -- Determination of election for vote on

2576 referendum.

2577 (1) [When] In relation to the manual referendum process, when the local clerk receives

2578 a referendum packet from a county clerk, the local clerk shall record the number of the

2579 referendum packet received.


2581 (a) in relation to the manual referendum process:


2583 described in Subsection 20A-7-606(3)(c) on the lieutenant governor's website, in a conspicuous

2584 location designated by the lieutenant governor, for at least 45 days; and

2585 (ii) update on the local clerk's website the number of signatures certified as of the date

2586 of the update[.]; or

2587 (b) in relation to the electronic referendum process:







- 97 -

2593 [(b)] (3) The local clerk:


2595 to be sufficient or insufficient:

2596 (i) in relation to the manual referendum process, no later than 111 days after the day of

2597 the deadline, described in Subsection 20A-7-606[(1)](2), to submit a referendum packet to the

2598 county clerk; or

2599 (ii) in relation to the electronic referendum process, no later than 111 days after the day

2600 of the deadline, described in Subsection 20A-7-616(2), to collect a signature; or



2603 [(A)] (i) in relation to the manual referendum process, the total of all valid signatures

2604 on timely and lawfully submitted signature packets that have been certified by the county clerk,



2607 20A-7-601; [or]

2608 (ii) in relation to the electronic referendum process, the total of all timely and lawfully






2614 [(c)] (4) (a) If the total number of names certified under [this] Subsection (2) equals or

2615 exceeds the number of names required under Section 20A-7-601, and the requirements of this

2616 part are met, the local clerk shall mark upon the front of the petition the word "sufficient";



2619 of this part is not met, the local clerk shall mark upon the front of the petition the word






- 98 -

2620 "insufficient."

2621 [(e)] (c) The local clerk shall immediately notify any one of the sponsors of the local

2622 clerk's finding.



2625 [(3)] (5) (a) If the local clerk refuses to accept and file any referendum petition, any

2626 voter may apply to a court for an extraordinary writ to compel the local clerk to do so within 10

2627 days after the refusal.

2628 (b) If the court determines that the referendum petition is legally sufficient, the local

2629 clerk shall file the petition, with a verified copy of the judgment attached to the petition, as of

2630 the date on which the petition was originally offered for filing in the local clerk's office.

2631 (c) If the court determines that any petition filed is not legally sufficient, the court may

2632 enjoin the local clerk and all other officers from:

2633 (i) certifying or printing the ballot title and numbers of that measure on the official

2634 ballot for the next election; or

2635 (ii) as it relates to a local tax law that is conducted entirely by mail, certifying, printing,

2636 or mailing the ballot title and numbers of that measure under Section 20A-7-609.5.



2639 [(5)] (7) (a) Except as provided in Subsection [(6)] (7)(b) or (c), if a referendum relates

2640 to legislative action taken after April 15, the election officer may not place the referendum on

2641 an election ballot until a primary election, a general election, or a special election the following

2642 year.

2643 (b) The election officer may place a referendum described in Subsection [(6)] (7)(a) on

2644 the ballot for a special, primary, or general election held during the year that the legislative

2645 action was taken if the following agree, in writing, on a timeline to place the referendum on

2646 that ballot:



- 99 -

2647 (i) the local clerk;

2648 (ii) the county clerk; and

2649 (iii) the attorney for the county or municipality that took the legislative action.

2650 (c) For a referendum on a land use law, if, before August 30, the local clerk or a court

2651 determines that the total number of certified names equals or exceeds the number of signatures

2652 required in Section 20A-7-601, the election officer shall place the referendum on the election

2653 ballot for:

2654 (i) the next general election; or

2655 (ii) another election, if the following agree, in writing, on a timeline to place the

2656 referendum on that ballot:

2657 (A) the affected owners, as defined in Section 10-9a-103 or 17-27a-103, as applicable;

2658 (B) the local clerk;

2659 (C) the county clerk; and

2660 (D) the attorney for the county or municipality that took the legislative action.


2662 20A-7-611. Temporary stay -- Effective date -- Effect of repeal by local legislative

2663 body.

2664 (1) Any proposed law submitted to the people by referendum petition that is rejected by

2665 the voters at any election is repealed as of the date of the election.

2666 (2) If, at the time during the process described in Subsection [20A-7-307(2)]

2667 20A-7-607(2), the local clerk determines that, at that point in time, an adequate number of

2668 signatures are certified to comply with the signature requirements, the local clerk shall:

2669 (a) issue an order temporarily staying the law from going into effect; and

2670 (b) continue the process of certifying signatures and removing signatures as required by

2671 this part.

2672 (3) The temporary stay described in Subsection (2) remains in effect, regardless of

2673 whether a future count falls below the signature threshold, until the day on which:





- 100 -

2674 (a) if the local clerk declares the petition insufficient, five days after the day on which

2675 the local clerk declares the petition insufficient; or

2676 (b) if the local clerk declares the petition sufficient, the day on which the local

2677 legislative body issues the proclamation described in Section 20A-7-610.

2678 (4) A proposed law submitted to the people by referendum petition that is approved by

2679 the voters at an election takes effect the later of:

2680 (a) five days after the date of the official proclamation of the vote by the local


2682 (b) the effective date specified in the proposed law.

2683 (5) If, after the local clerk issues a temporary stay order under Subsection (2)(a), the

2684 local clerk declares the petition insufficient, the proposed law takes effect the later of:

2685 (a) five days after the day on which the local clerk declares the petition insufficient; or

2686 (b) the effective date specified in the proposed law.

2687 (6) (a) A law adopted by the people under this part is not subject to veto.

2688 (b) The local legislative body may amend any laws approved by the people under this

2689 part after the people approve the law.

2690 (7) If the local legislative body repeals a law challenged by referendum petition under

2691 this part, the referendum petition is void and no further action on the referendum petition is

2692 required.



2695 (1) It is unlawful for an individual to:

2696 (a) sign any name other than the individual's own name to any referendum petition;

2697 (b) sign a referendum knowing that the individual is not a legal voter;

2698 (c) in connection with circulating a referendum petition, represent that a document is

2699 an official government document if the individual knows or has reason to know that the

2700 document is not an official government document; or



- 101 -

2701 (d) knowingly and willfully violate any provision of this part.

2702 (2) It is unlawful for an individual to sign the verification for a referendum packet, or

2703 to electronically sign the verification for a signature under Subsection 20A-21-201(9), knowing

2704 that:

2705 (a) the individual does not meet the residency requirements of Section 20A-2-105;

2706 (b) the individual has not witnessed the signatures [of the individuals whose names

2707 appear in the referendum packet] the individual collects or submits; or

2708 (c) one or more individuals whose signatures appear in the referendum packet[: (i) is

2709 either: (A)] is not registered to vote in Utah[; or].

2710 [(B) does not intend to become registered to vote in Utah; or]

2711 [(ii) appears next to an inaccurate date of signature.]

2712 (3) An individual who violates this part is guilty of a class A misdemeanor.

2713 (4) The county attorney or municipal attorney shall prosecute any violation of this

2714 section.


2716 20A-7-613. Property tax referendum petition.

2717 (1) As used in this section, "certified tax rate" means the same as that term is defined in

2718 Section 59-2-924.

2719 (2) Except as provided in this section, the requirements of this part apply to a

2720 referendum petition challenging a taxing entity's legislative body's vote to impose a tax rate that

2721 exceeds the certified tax rate.

2722 (3) Notwithstanding Subsection [20A-7-606(1)] 20A-7-606(2), the sponsors or an

2723 agent of the sponsors shall deliver a signed and verified referendum packet to the county clerk

2724 of the county in which the packet was circulated before 5 p.m. no later than the earlier of:

2725 (a) 30 days after the day on which the first individual signs the packet; or

2726 (b) 40 days after the day on which the local clerk complies with Subsection

2727 [20A-7-604(2)] 20A-7-604(3).




- 102 -

2728 (4) Notwithstanding Subsections [20A-7-606(2) and (3)] 20A-7-606(3) and (4), the

2729 county clerk shall take the actions required in Subsections [20A-7-606(2) and (3)]

2730 20A-7-606(3) and (4) within 10 working days after the day on which the county clerk receives

2731 the signed and verified referendum packet as described in Subsection (3).

2732 (5) The local clerk shall take the actions required by Section 20A-7-607 within two

2733 working days after:

2734 (a) in relation to the manual referendum process, the day on which the local clerk

2735 receives the referendum packets from the county clerk[.]; or

2736 (b) in relation to the electronic referendum process, the deadline described in

2737 Subsection 20A-7-616(2).

2738 (6) Notwithstanding Subsection 20A-7-608(2), the local attorney shall prepare the

2739 ballot title within two working days after the day on which the referendum petition is declared

2740 sufficient for submission to a vote of the people.

2741 (7) Notwithstanding Subsection 20A-7-609(2)(c), a referendum that qualifies for the

2742 ballot under this section shall appear on the ballot for the earlier of the next regular general

2743 election or the next municipal general election unless a special election is called.

2744 (8) The election officer shall mail manual ballots on a referendum under this section the

2745 later of:

2746 (a) the time provided in Section 20A-3a-202 or 20A-16-403; or

2747 (b) the time that ballots are prepared for mailing under this section.

2748 (9) Section 20A-7-402 does not apply to a referendum described in this section.

2749 (10) (a) If a majority of voters does not vote against imposing the tax at a rate

2750 calculated to generate the increased revenue budgeted, adopted, and approved by the taxing

2751 entity's legislative body:

2752 (i) the certified tax rate for the fiscal year during which the referendum petition is filed

2753 is its most recent certified tax rate; and

2754 (ii) the proposed increased revenues for purposes of establishing the certified tax rate



http://le.utah.gov/UtahCode/SectionLookup.jsp?section=20a-3a-202&session=2022GS




- 103 -

2755 for the fiscal year after the fiscal year described in Subsection (10)(a)(i) are the proposed

2756 increased revenues budgeted, adopted, and approved by the taxing entity's legislative body

2757 before the filing of the referendum petition.

2758 (b) If a majority of voters votes against imposing a tax at the rate established by the

2759 vote of the taxing entity's legislative body, the certified tax rate for the taxing entity is the

2760 taxing entity's most recent certified tax rate.

2761 (c) If the tax rate is set in accordance with Subsection (10)(a)(ii), a taxing entity is not

2762 required to comply with the notice and public hearing requirements of Section 59-2-919 if the

2763 taxing entity complies with those notice and public hearing requirements before the referendum

2764 petition is filed.

2765 (11) The ballot title shall, at a minimum, include in substantially this form the

2766 following: "Shall the [name of the taxing entity] be authorized to levy a tax rate in the amount

2767 sufficient to generate an increased property tax revenue of [amount] for fiscal year [year] as

2768 budgeted, adopted, and approved by the [name of the taxing entity].".

2769 (12) A taxing entity shall pay the county the costs incurred by the county that are

2770 directly related to meeting the requirements of this section and that the county would not have

2771 incurred but for compliance with this section.

2772 (13) (a) An election officer shall include on a ballot a referendum that has not yet

2773 qualified for placement on the ballot, if:

2774 (i) sponsors file an application for a referendum described in this section;

2775 (ii) the ballot will be used for the election for which the sponsors are attempting to

2776 qualify the referendum; and

2777 (iii) the deadline for qualifying the referendum for placement on the ballot occurs after

2778 the day on which the ballot will be printed.

2779 (b) If an election officer includes on a ballot a referendum described in Subsection

2780 (13)(a), the ballot title shall comply with Subsection (11).

2781 (c) If an election officer includes on a ballot a referendum described in Subsection



- 104 -

2782 (13)(a) that does not qualify for placement on the ballot, the election officer shall inform the

2783 voters by any practicable method that the referendum has not qualified for the ballot and that

2784 votes cast in relation to the referendum will not be counted.


2786 20A-7-614. Electronic referendum process -- Form of referendum petition --

2787 Circulation requirements -- Signature collection.



2790 statement:

2791 "This REFERENDUM PETITION is addressed to the Honorable ____, County

2792 Clerk/City Recorder/Town Clerk:

2793 The citizens of Utah who sign this petition respectfully order that (description of local

2794 law or portion of local law being challenged), passed by the ____ be referred to the voters for

2795 their approval or rejection at the regular/municipal general election to be held on

2796 __________(month\day\year)."




2800 (3) (a) The second screen presented on the approved device shall include the entire text

2801 of the law that is the subject of the referendum petition.



2804 understand the entire text of the law that is the subject of the referendum petition."

2805 (4) (a) The third screen presented on the approved device shall include a statement

2806 indicating whether persons gathering signatures for the petition may be paid for gathering

2807 signatures.



- 105 -

2809 at the bottom of the third screen stating, "By clicking here, I attest that I have read and


2811 (5) The fourth screen presented on the approved device shall include the following

2812 statement, followed by links where the individual may click "yes" or "no":





2817 accurate.

2818 It is a class A misdemeanor for an individual to sign a referendum petition with a name






2824 (5), the next screen shall include the following statement, "Thank you for your time. Please



2827 (5), the website, or the application that accesses the website, shall take the signature-gatherer


2829 20A-21-201.


2831 20A-7-615. Electronic referendum process -- Obtaining signatures -- Request to


2833 (1) This section applies to the electronic referendum process described in Section

2834 20A-21-201.

2835 (2) A Utah voter may sign a local referendum petition if the voter is a legal voter and


- 106 -



2838 an individual:



2841 (b) is informed that each signer is required to read and understand the law that is the

2842 subject of the referendum petition.

2843 (4) (a) A voter who has signed a referendum petition may have the voter's signature





2848 Subsection 20A-7-616(3).

2849 (b) The statement shall include:




2853 (iv) the date of the signature described in Subsection (4)(b)(iii).

2854 (c) To increase the likelihood of the voter's signature being identified and removed, the


2856 (d) A voter may not submit a signature removal statement by email or other electronic



2859 (e) A person may only remove an electronic signature from an initiative petition in


2861 (f) A county clerk shall analyze a holographic signature, for purposes of removing an

2862 electronic signature from a referendum petition, in accordance with Section 20A-7-606.3.



- 107 -


2864 20A-7-616. Electronic referendum process -- Collecting signatures -- Removal of

2865 signatures.


2867 (2) A signature-gatherer may not collect a signature after 5 p.m. 45 days after the day

2868 on which the first three sponsors receive notice, under Section 20A-7-602.7 or 20A-7-602.8,

2869 that the referendum is legally referable to voters.

2870 (3) The local clerk shall send to each individual who provides a valid email address

2871 during the signature-gathering process an email that includes the following:




2875 "You signed a petition for the following referendum:


2877 To access a copy of the referendum petition, the referendum, and information on the

2878 deadline for removing your signature from the petition, please visit the following link: [insert a

2879 uniform resource locator that takes the individual directly to the page on the lieutenant

2880 governor's website that includes the information referred to in the email]."





2885 lieutenant governor, for at least 45 days.

2886 (5) (a) If the local clerk timely receives a statement requesting signature removal under

2887 Subsection 20A-7-615(4), the local clerk shall:




- 108 -


2891 (b) The local clerk shall comply with Subsection (5)(a) before the later of:







2898 (1) (a) "Candidates for elective office" means persons who file a declaration of

2899 candidacy under Section 20A-9-202 to run in a regular general election for a federal office,

2900 constitutional office, multicounty office, or county office.

2901 (b) "Candidates for elective office" does not mean candidates for:

2902 (i) justice or judge of court of record or not of record;

2903 (ii) presidential elector;

2904 (iii) any political party offices; and

2905 (iv) municipal or local district offices.

2906 (2) "Constitutional office" means the state offices of governor, lieutenant governor,

2907 attorney general, state auditor, and state treasurer.

2908 (3) "Continuing political party" means the same as that term is defined in Section

2909 20A-8-101.

2910 (4) (a) "County office" means an elective office where the officeholder is selected by

2911 voters entirely within one county.

2912 (b) "County office" does not mean:

2913 (i) the office of justice or judge of any court of record or not of record;

2914 (ii) the office of presidential elector;

2915 (iii) any political party offices;

2916 (iv) any municipal or local district offices; and




- 109 -

2917 (v) the office of United States Senator and United States Representative.

2918 (5) "Electronic candidate qualification process" means:

2919 (a) as it relates to a registered political party that is not a qualified political party, the

2920 process for gathering signatures electronically to seek the nomination of a registered political

2921 party, described in:

2922 (i) Section 20A-9-403;

2923 (ii) Section 20a-9-405, except Subsections 20A-9-405(3) and (5); and

2924 (iii) Section 20A-21-201; and

2925 (b) as it relates to a qualified political party, the process, for gathering signatures

2926 electronically to seek the nomination of a registered political party, described in:

2927 (i) Section 20A-9-405, except Subsections 20A-9-405(3) and (5);

2928 (ii) Section 20A-9-408; and

2929 (iii) Section 20A-21-201.

2930 [(5)] (6) "Federal office" means an elective office for United States Senator and United

2931 States Representative.

2932 [(6)] (7) "Filing officer" means:

2933 (a) the lieutenant governor, for:

2934 (i) the office of United States Senator and United States Representative; and

2935 (ii) all constitutional offices;

2936 (b) for the office of a state senator or state representative, the lieutenant governor or the

2937 applicable clerk described in Subsection [(6)] (7)(c) or (d);

2938 (c) the county clerk, for county offices and local school district offices;

2939 (d) the county clerk in the filer's county of residence, for multicounty offices;

2940 (e) the city or town clerk, for municipal offices; or

2941 (f) the local district clerk, for local district offices.

2942 [(7)] (8) "Local district office" means an elected office in a local district.

2943 [(8)] (9) "Local government office" includes county offices, municipal offices, and


- 110 -

2944 local district offices and other elective offices selected by the voters from a political division

2945 entirely within one county.

2946 (10) "Manual candidate qualification process" means the process for gathering

2947 signatures to seek the nomination of a registered political party, using paper signature packets

2948 that a signer physically signs.

2949 [(9)] (11) (a) "Multicounty office" means an elective office where the officeholder is

2950 selected by the voters from more than one county.

2951 (b) "Multicounty office" does not mean:

2952 (i) a county office;

2953 (ii) a federal office;

2954 (iii) the office of justice or judge of any court of record or not of record;

2955 (iv) the office of presidential elector;

2956 (v) any political party offices; or

2957 (vi) any municipal or local district offices.

2958 [(10)] (12) "Municipal office" means an elective office in a municipality.

2959 [(11)] (13) (a) "Political division" means a geographic unit from which an officeholder

2960 is elected and that an officeholder represents.

2961 (b) "Political division" includes a county, a city, a town, a local district, a school

2962 district, a legislative district, and a county prosecution district.

2963 [(12)] (14) "Qualified political party" means a registered political party that:

2964 (a) (i) permits a delegate for the registered political party to vote on a candidate

2965 nomination in the registered political party's convention remotely; or

2966 (ii) provides a procedure for designating an alternate delegate if a delegate is not

2967 present at the registered political party's convention;

2968 (b) does not hold the registered political party's convention before the fourth Saturday

2969 in March of an even-numbered year;

2970 (c) permits a member of the registered political party to seek the registered political


- 111 -

2971 party's nomination for any elective office by the member choosing to seek the nomination by

2972 either or both of the following methods:

2973 (i) seeking the nomination through the registered political party's convention process,

2974 in accordance with the provisions of Section 20A-9-407; or

2975 (ii) seeking the nomination by collecting signatures, in accordance with the provisions

2976 of Section 20A-9-408; and

2977 (d) (i) if the registered political party is a continuing political party, no later than 5 p.m.

2978 on September 30 of an odd-numbered year, certifies to the lieutenant governor that, for the

2979 election in the following year, the registered political party intends to nominate the registered

2980 political party's candidates in accordance with the provisions of Section 20A-9-406; or

2981 (ii) if the registered political party is not a continuing political party, certifies at the

2982 time that the registered political party files the petition described in Section 20A-8-103 that, for

2983 the next election, the registered political party intends to nominate the registered political

2984 party's candidates in accordance with the provisions of Section 20A-9-406.

2985 (15) "Signature," as it relates to a petition for a candidate to seek the nomination of a

2986 registered political party, means:

2987 (a) when using the manual candidate qualification process, a holographic signature

2988 collected physically on a nomination petition described in Subsection 20A-9-405(3); or

2989 (b) when using the electronic candidate qualification process:

2990 (i) an electronic signature collected under Subsection 20A-21-201(6)(c)(ii)(A); or

2991 (ii) a holographic signature collected electronically under Subsection

2992 20A-21-201(5)(c)(ii)(B).


2994 20A-9-403. Regular primary elections.

2995 (1) (a) Candidates for elective office that are to be filled at the next regular general

2996 election shall be nominated in a regular primary election by direct vote of the people in the

2997 manner prescribed in this section. The regular primary election is held on the date specified in






- 112 -

2998 Section 20A-1-201.5. Nothing in this section shall affect a candidate's ability to qualify for a

2999 regular general election's ballot as an unaffiliated candidate under Section 20A-9-501 or to

3000 participate in a regular general election as a write-in candidate under Section 20A-9-601.

3001 (b) Each registered political party that chooses to have the names of the registered

3002 political party's candidates for elective office featured with party affiliation on the ballot at a

3003 regular general election shall comply with the requirements of this section and shall nominate

3004 the registered political party's candidates for elective office in the manner described in this

3005 section.

3006 (c) A filing officer may not permit an official ballot at a regular general election to be

3007 produced or used if the ballot denotes affiliation between a registered political party or any

3008 other political group and a candidate for elective office who is not nominated in the manner

3009 prescribed in this section or in Subsection 20A-9-202(4).

3010 (d) Unless noted otherwise, the dates in this section refer to those that occur in each

3011 even-numbered year in which a regular general election will be held.

3012 (2) (a) Each registered political party, in a statement filed with the lieutenant governor,

3013 shall:

3014 (i) either declare the registered political party's intent to participate in the next regular

3015 primary election or declare that the registered political party chooses not to have the names of

3016 the registered political party's candidates for elective office featured on the ballot at the next

3017 regular general election; and

3018 (ii) if the registered political party participates in the upcoming regular primary

3019 election, identify one or more registered political parties whose members may vote for the

3020 registered political party's candidates and whether individuals identified as unaffiliated with a

3021 political party may vote for the registered political party's candidates.

3022 (b) (i) A registered political party that is a continuing political party shall file the

3023 statement described in Subsection (2)(a) with the lieutenant governor no later than 5 p.m. on

3024 November 30 of each odd-numbered year.






- 113 -

3025 (ii) An organization that is seeking to become a registered political party under Section

3026 20A-8-103 shall file the statement described in Subsection (2)(a) at the time that the registered

3027 political party files the petition described in Section 20A-8-103.

3028 (3) (a) Except as provided in Subsection (3)(e), an individual who submits a

3029 declaration of candidacy under Section 20A-9-202 shall appear as a candidate for elective

3030 office on the regular primary ballot of the registered political party listed on the declaration of

3031 candidacy only if the individual is certified by the appropriate filing officer as having submitted

3032 a [set of nomination petitions] nomination petition that was:

3033 (i) circulated and completed in accordance with Section 20A-9-405; and

3034 (ii) signed by at least 2% of the registered political party's members who reside in the

3035 political division of the office that the individual seeks.

3036 (b) (i) A candidate for elective office shall submit [nomination petitions] signatures for

3037 a nomination petition to the appropriate filing officer for verification and certification no later

3038 than 5 p.m. on the final day in March.

3039 (ii) A candidate may supplement the candidate's submissions at any time on or before

3040 the filing deadline.

3041 (c) (i) The lieutenant governor shall determine for each elective office the total number

3042 of signatures that must be submitted under Subsection (3)(a)(ii) or 20A-9-408(8) by counting

3043 the aggregate number of individuals residing in each elective office's political division who

3044 have designated a particular registered political party on the individuals' voter registration

3045 forms on or before November 15 of each odd-numbered year.

3046 (ii) The lieutenant governor shall publish the determination for each elective office no

3047 later than November 30 of each odd-numbered year.

3048 (d) The filing officer shall:

3049 (i) except as otherwise provided in Section 20A-21-201, verify signatures on

3050 nomination petitions in a transparent and orderly manner, no later than 14 days after the day on

3051 which a candidate submits the signatures to the filing officer;





- 114 -

3052 (ii) for all qualifying candidates for elective office who submit nomination petitions to

3053 the filing officer, issue certifications referenced in Subsection (3)(a) no later than the deadline

3054 described in Subsection 20A-9-202(1)(b);

3055 (iii) consider active and inactive voters eligible to sign nomination petitions;

3056 (iv) consider an individual who signs a nomination petition a member of a registered

3057 political party for purposes of Subsection (3)(a)(ii) if the individual has designated that

3058 registered political party as the individual's party membership on the individual's voter

3059 registration form; and

3060 (v) except as otherwise provided in Section 20A-21-201, utilize procedures described

3061 in Section 20A-7-206.3 to verify submitted nomination petition signatures, or use statistical

3062 sampling procedures to verify submitted nomination petition signatures in accordance with

3063 rules made under Subsection (3)(f).

3064 (e) Notwithstanding any other provision in this Subsection (3), a candidate for

3065 lieutenant governor may appear on the regular primary ballot of a registered political party

3066 without submitting nomination petitions if the candidate files a declaration of candidacy and

3067 complies with Subsection 20A-9-202(3).

3068 (f) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the

3069 director of elections, within the Office of the Lieutenant Governor, may make rules that:

3070 (i) provide for the use of statistical sampling procedures that:

3071 (A) filing officers are required to use to verify signatures under Subsection (3)(d); and

3072 (B) reflect a bona fide effort to determine the validity of a candidate's entire

3073 submission, using widely recognized statistical sampling techniques; and

3074 (ii) provide for the transparent, orderly, and timely submission, verification, and

3075 certification of nomination petition signatures.

3076 (g) The county clerk shall:

3077 (i) review the declarations of candidacy filed by candidates for local boards of

3078 education to determine if more than two candidates have filed for the same seat;




- 115 -

3079 (ii) place the names of all candidates who have filed a declaration of candidacy for a

3080 local board of education seat on the nonpartisan section of the ballot if more than two

3081 candidates have filed for the same seat; and

3082 (iii) determine the order of the local board of education candidates' names on the ballot


3084 (4) (a) Before the deadline described in Subsection 20A-9-409(4)(c), the lieutenant

3085 governor shall provide to the county clerks:

3086 (i) a list of the names of all candidates for federal, constitutional, multi-county, single

3087 county, and county offices who have received certifications under Subsection (3), along with

3088 instructions on how those names shall appear on the primary election ballot in accordance with

3089 Section 20A-6-305; and

3090 (ii) a list of unopposed candidates for elective office who have been nominated by a

3091 registered political party under Subsection (5)(c) and instruct the county clerks to exclude the

3092 unopposed candidates from the primary election ballot.

3093 (b) A candidate for lieutenant governor and a candidate for governor campaigning as

3094 joint-ticket running mates shall appear jointly on the primary election ballot.

3095 (c) After the county clerk receives the certified list from the lieutenant governor under

3096 Subsection (4)(a), the county clerk shall post or publish a primary election notice in

3097 substantially the following form:

3098 "Notice is given that a primary election will be held Tuesday, June ____,

3099 ________(year), to nominate party candidates for the parties and candidates for nonpartisan

3100 local school board positions listed on the primary ballot. The polling place for voting precinct

3101 ____ is ____. The polls will open at 7 a.m. and continue open until 8 p.m. of the same day.

3102 Attest: county clerk."

3103 (5) (a) A candidate who, at the regular primary election, receives the highest number of

3104 votes cast for the office sought by the candidate is:

3105 (i) nominated for that office by the candidate's registered political party; or





- 116 -

3106 (ii) for a nonpartisan local school board position, nominated for that office.

3107 (b) If two or more candidates are to be elected to the office at the regular general

3108 election, those party candidates equal in number to positions to be filled who receive the

3109 highest number of votes at the regular primary election are the nominees of the candidates'

3110 party for those positions.

3111 (c) (i) As used in this Subsection (5)(c), a candidate is "unopposed" if:

3112 (A) no individual other than the candidate receives a certification under Subsection (3)

3113 for the regular primary election ballot of the candidate's registered political party for a

3114 particular elective office; or

3115 (B) for an office where more than one individual is to be elected or nominated, the

3116 number of candidates who receive certification under Subsection (3) for the regular primary

3117 election of the candidate's registered political party does not exceed the total number of

3118 candidates to be elected or nominated for that office.

3119 (ii) A candidate who is unopposed for an elective office in the regular primary election

3120 of a registered political party is nominated by the party for that office without appearing on the

3121 primary election ballot.

3122 (6) (a) When a tie vote occurs in any primary election for any national, state, or other

3123 office that represents more than one county, the governor, lieutenant governor, and attorney

3124 general shall, at a public meeting called by the governor and in the presence of the candidates

3125 involved, select the nominee by lot cast in whatever manner the governor determines.

3126 (b) When a tie vote occurs in any primary election for any county office, the district

3127 court judges of the district in which the county is located shall, at a public meeting called by

3128 the judges and in the presence of the candidates involved, select the nominee by lot cast in

3129 whatever manner the judges determine.

3130 (7) The expense of providing all ballots, blanks, or other supplies to be used at any

3131 primary election provided for by this section, and all expenses necessarily incurred in the

3132 preparation for or the conduct of that primary election shall be paid out of the treasury of the


- 117 -

3133 county or state, in the same manner as for the regular general elections.

3134 (8) An individual may not file a declaration of candidacy for a registered political party

3135 of which the individual is not a member, except to the extent that the registered political party

3136 permits otherwise under the registered political party's bylaws.


3138 20A-9-405. Nomination petitions for regular primary elections.

3139 (1) This section [shall apply] applies to the form and circulation of nomination

3140 petitions for regular primary elections described in Subsection 20A-9-403(3)(a).

3141 (2) A candidate for elective office, and the agents of the candidate, may not circulate

3142 nomination petitions until the candidate has submitted a declaration of candidacy in accordance

3143 with Subsection 20A-9-202(1).

3144 (3) [The] For the manual candidate qualification process, the nomination petitions shall

3145 be in substantially the following form:

3146 (a) the petition shall be printed on paper 8-1/2 inches long and 11 inches wide;

3147 (b) the petition shall be ruled with a horizontal line 3/4 inch from the top, with the

3148 space above that line blank for purposes of binding;

3149 (c) the petition shall be headed by a caption stating the purpose of the petition and the

3150 name of the proposed candidate;

3151 (d) the petition shall feature the word "Warning" followed by the following statement

3152 in no less than eight-point, single leaded type: "It is a class A misdemeanor for anyone to

3153 knowingly sign a [certificate of nomination signature sheet] nomination petition with any name

3154 other than the person's own name, or more than once for the same candidate, or if the person is

3155 not registered to vote in this state [and does not intend to become registered to vote in this state

3156 before signatures are certified by a filing officer].";

3157 (e) the petition shall feature 10 lines spaced one-half inch apart and consecutively

3158 numbered one through 10;

3159 (f) the signature portion of the petition shall be divided into columns headed by the



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3160 following titles:

3161 (i) Registered Voter's Printed Name;

3162 (ii) Signature of Registered Voter;

3163 (iii) Party Affiliation of Registered Voter;

3164 (iv) Birth Date or Age (Optional);

3165 (v) Street Address, City, Zip Code; and

3166 (vi) Date of Signature; and

3167 (g) a photograph of the candidate may appear on the nomination petition.

3168 (4) For the electronic candidate qualification process, the lieutenant governor shall

3169 design an electronic form, using progressive screens, that includes:

3170 (a) the following warning:

3171 "Warning: It is a class A misdemeanor for anyone to knowingly sign a nomination

3172 petition with any name other than the person's own name, or more than once for the same

3173 candidate, or if the person is not registered to vote in this state."; and

3174 (b) the following information for each individual who signs the petition:

3175 (i) name;

3176 (ii) party affiliation;

3177 (iii) date of birth or age, (optional);

3178 (iv) street address, city, zip code;

3179 (v) date of signature;

3180 (vi) other information required under Section 20A-21-201; and

3181 (vii) other information required by the lieutenant governor.

3182 [(4)] (5) [If] For the manual candidate qualification process, if one or more nomination

3183 petitions are bound together, a page shall be bound to the nomination petition(s) that features

3184 the following printed verification statement to be signed and dated by the petition circulator:

3185 "Verification



- 119 -

3187 I, ____, of ____, hereby state that:

3188 I am a Utah resident and am at least 18 years old;

3189 All the names that appear on the signature sheets bound to this page were, to the best of

3190 my knowledge, signed by the persons who professed to be the persons whose names appear on

3191 the signature sheets, and each of them signed the person's name on the signature sheets in my

3192 presence;

3193 I believe that each has printed and signed the person's name and written the person's

3194 street address correctly, and that each signer is registered to vote in Utah [or will register to

3195 vote in Utah before the county clerk certifies the signatures on the signature sheet]."

3196 [(5)] (6) The lieutenant governor shall prepare and make public model nomination

3197 petition forms and associated instructions.

3198 [(6)] (7) A nomination petition circulator must be at least 18 years old and a resident of

3199 the state, but may affiliate with any political party.

3200 [(7)] (8) It is unlawful for any person to:

3201 (a) knowingly sign the nomination petition [sheet] described in [Subsection (3)] this

3202 section or Section 20A-9-408:

3203 (i) with any name other than the person's own name;

3204 (ii) more than once for the same candidate; or

3205 (iii) if the person is not registered to vote in this state [and does not intend to become

3206 registered to vote in this state prior to 5 p.m. on the final day in March];

3207 (b) sign the verification of a [certificate of nomination signature sheet described in

3208 Subsection (4)] signature for a nomination petition if the person:

3209 (i) does not meet the residency requirements of Section 20A-2-105;

3210 (ii) has not witnessed the signing by those persons whose names appear on the

3211 [certificate of nomination signature sheet] nomination petition; or

3212 (iii) knows that a person whose signature appears on the [certificate of nomination

3213 signature sheet] nomination petition is not registered to vote in this state [and does not intend



- 120 -

3214 to become registered to vote in this state];

3215 (c) pay compensation to any person to sign a nomination petition; or

3216 (d) pay compensation to any person to circulate a nomination petition, if the

3217 compensation is based directly on the number of signatures submitted to a filing officer rather

3218 than on the number of signatures verified or on some other basis.

3219 [(8)] (9) Any person violating Subsection [(7)] (8) is guilty of a class A misdemeanor.

3220 [(9)] (10) Withdrawal of petition signatures [shall not be permitted] is prohibited.


3222 20A-9-408. Signature-gathering process to seek the nomination of a qualified

3223 political party.

3224 (1) This section describes the requirements for a member of a qualified political party

3225 who is seeking the nomination of the qualified political party for an elective office through the

3226 signature-gathering process described in this section.

3227 (2) Notwithstanding Subsection 20A-9-201(7)(a), the form of the declaration of

3228 candidacy for a member of a qualified political party who is nominated by, or who is seeking

3229 the nomination of, the qualified political party under this section shall be substantially as

3230 described in Section 20A-9-408.5.

3231 (3) Notwithstanding Subsection 20A-9-202(1)(a), and except as provided in Subsection

3232 20A-9-202(4), a member of a qualified political party who, under this section, is seeking the

3233 nomination of the qualified political party for an elective office that is to be filled at the next

3234 general election shall:

3235 (a) within the period beginning on January 1 before the next regular general election

3236 and ending at 5 p.m. 52 days after the day on which the Legislature's general session begins, as

3237 provided in Section 36-3-201, and before gathering signatures under this section, file with the

3238 filing officer on a form approved by the lieutenant governor a notice of intent to gather

3239 signatures for candidacy that includes:

3240 (i) the name of the member who will attempt to become a candidate for a registered







- 121 -

3241 political party under this section;

3242 (ii) the name of the registered political party for which the member is seeking

3243 nomination;

3244 (iii) the office for which the member is seeking to become a candidate;

3245 (iv) the address and telephone number of the member; and

3246 (v) other information required by the lieutenant governor;

3247 (b) except as provided in Subsection 20A-9-202(1)(c), file a declaration of candidacy,

3248 in person, with the filing officer:

3249 (i) on or after 48 days after the day on which the Legislature's general session begins,

3250 as provided in Section 36-3-201; and

3251 (ii) before 5 p.m. 52 days after the day on which the Legislature's general session

3252 begins, as provided in Section 36-3-201; and

3253 (c) pay the filing fee.

3254 (4) Notwithstanding Subsection 20A-9-202(2)(a), a member of a qualified political

3255 party who, under this section, is seeking the nomination of the qualified political party for the

3256 office of district attorney within a multicounty prosecution district that is to be filled at the next

3257 general election shall:

3258 (a) on or after January 1 before the next regular general election, and before gathering

3259 signatures under this section, file with the filing officer on a form approved by the lieutenant

3260 governor a notice of intent to gather signatures for candidacy that includes:

3261 (i) the name of the member who will attempt to become a candidate for a registered

3262 political party under this section;

3263 (ii) the name of the registered political party for which the member is seeking

3264 nomination;

3265 (iii) the office for which the member is seeking to become a candidate;

3266 (iv) the address and telephone number of the member; and

3267 (v) other information required by the lieutenant governor;






- 122 -

3268 (b) except as provided in Subsection 20A-9-202(1)(c), file a declaration of candidacy,

3269 in person, with the filing officer:

3270 (i) on or after 48 days after the day on which the Legislature's general session begins,

3271 as provided in Section 36-3-201; and

3272 (ii) before 5 p.m. 52 days after the day on which the Legislature's general session

3273 begins, as provided in Section 36-3-201; and

3274 (c) pay the filing fee.

3275 (5) Notwithstanding Subsection 20A-9-202(3)(a)(iii), a lieutenant governor candidate

3276 who files as the joint-ticket running mate of an individual who is nominated by a qualified

3277 political party, under this section, for the office of governor shall, before the deadline described

3278 in Subsection 20A-9-202(1)(b), file a declaration of candidacy and submit a letter from the

3279 candidate for governor that names the lieutenant governor candidate as a joint-ticket running

3280 mate.

3281 (6) The lieutenant governor shall ensure that the certification described in Subsection

3282 20A-9-701(1) also includes the name of each candidate nominated by a qualified political party

3283 under this section.

3284 (7) Notwithstanding Subsection 20A-9-701(2), the ballot shall, for each candidate who

3285 is nominated by a qualified political party under this section, designate the qualified political

3286 party that nominated the candidate.

3287 (8) A member of a qualified political party may seek the nomination of the qualified

3288 political party for an elective office by:

3289 (a) complying with the requirements described in this section; and

3290 (b) collecting signatures, on a form approved by the lieutenant governor that complies

3291 with Subsection 20A-9-405(3), during the period beginning on January 1 of an even-numbered

3292 year and ending at 5 p.m. 14 days before the day on which the qualified political party's

3293 convention for the office is held, in the following amounts:

3294 (i) for a statewide race, 28,000 signatures of registered voters in the state who are









- 123 -

3295 permitted by the qualified political party to vote for the qualified political party's candidates in

3296 a primary election;

3297 (ii) for a congressional district race, 7,000 signatures of registered voters who are

3298 residents of the congressional district and are permitted by the qualified political party to vote

3299 for the qualified political party's candidates in a primary election;

3300 (iii) for a state Senate district race, 2,000 signatures of registered voters who are

3301 residents of the state Senate district and are permitted by the qualified political party to vote for

3302 the qualified political party's candidates in a primary election;

3303 (iv) for a state House district race, 1,000 signatures of registered voters who are

3304 residents of the state House district and are permitted by the qualified political party to vote for

3305 the qualified political party's candidates in a primary election;

3306 (v) for a State Board of Education race, the lesser of:

3307 (A) 2,000 signatures of registered voters who are residents of the State Board of

3308 Education district and are permitted by the qualified political party to vote for the qualified

3309 political party's candidates in a primary election; or

3310 (B) 3% of the registered voters of the qualified political party who are residents of the

3311 applicable State Board of Education district; and

3312 (vi) for a county office race, signatures of 3% of the registered voters who are residents

3313 of the area permitted to vote for the county office and are permitted by the qualified political

3314 party to vote for the qualified political party's candidates in a primary election.

3315 (9) (a) This Subsection (9) applies only to the manual candidate qualification process.

3316 [(9) (a)] (b) In order for a member of the qualified political party to qualify as a

3317 candidate for the qualified political party's nomination for an elective office under this section,

3318 using the manual candidate qualification process, the member shall:

3319 (i) collect the signatures on a form approved by the lieutenant governor, using the same

3320 circulation and verification requirements described in Sections 20A-7-204 and 20A-7-205; and

3321 (ii) submit the signatures to the election officer before 5 p.m. no later than 14 days


- 124 -

3322 before the day on which the qualified political party holds the party's convention to select

3323 candidates, for the elective office, for the qualified political party's nomination.

3324 [(b) An individual may not gather signatures under this section until after the

3325 individual files a notice of intent to gather signatures for candidacy described in this section.]

3326 [(c) An individual who files a notice of intent to gather signatures for candidacy,

3327 described in Subsection (3)(a) or (4)(a), is, beginning on the day on which the individual files

3328 the notice of intent to gather signatures for candidacy:]

3329 [(i) required to comply with the reporting requirements that a candidate for office is

3330 required to comply with; and]

3331 [(ii) subject to the same enforcement provisions, and civil and criminal penalties, that

3332 apply to a candidate for office in relation to the reporting requirements described in Subsection

3333 (9)(c)(i).]

3334 [(d)] (c) Upon timely receipt of the signatures described in Subsections (8) and

3335 (9)[(a)](b), the election officer shall, no later than the earlier of 14 days after the day on which

3336 the election officer receives the signatures, or one day before the day on which the qualified

3337 political party holds the convention to select a nominee for the elective office to which the

3338 signature packets relate:

3339 (i) check the name of each individual who completes the verification for a signature

3340 packet to determine whether each individual is a resident of Utah and is at least 18 years old;

3341 (ii) submit the name of each individual described in Subsection [(9)(d)(i)] (9)(c)(i) who

3342 is not a Utah resident or who is not at least 18 years old to the attorney general and the county

3343 attorney;

3344 (iii) determine whether each signer is a registered voter who is qualified to sign the

3345 petition, using the same method, described in Section 20A-7-206.3, used to verify a signature

3346 on a petition; and

3347 (iv) certify whether each name is that of a registered voter who is qualified to sign the

3348 signature packet.


- 125 -

3349 (10) (a) This Subsection (10) applies only to the electronic candidate qualification

3350 process.

3351 (b) In order for a member of the qualified political party to qualify as a candidate for

3352 the qualified political party's nomination for an elective office under this section, the member

3353 shall, before 5 p.m. no later than 14 days before the day on which the qualified political party

3354 holds the party's convention to select candidates, for the elective office, for the qualified

3355 political party's nomination, collect signatures electronically:

3356 (i) in accordance with Section 20A-21-201; and

3357 (ii) using progressive screens, in a format approved by the lieutenant governor, that

3358 complies with Subsection 20A-9-405(4).

3359 (c) Upon timely receipt of the signatures described in Subsections (8) and (9)(b), the

3360 election officer shall, no later than the earlier of 14 days after the day on which the election

3361 officer receives the signatures, or one day before the day on which the qualified political party

3362 holds the convention to select a nominee for the elective office to which the signature packets

3363 relate:

3364 (i) check the name of each individual who completes the verification for a signature to

3365 determine whether each individual is a resident of Utah and is at least 18 years old; and

3366 (ii) submit the name of each individual described in Subsection (10)(c)(i) who is not a

3367 Utah resident or who is not at least 18 years old to the attorney general and the county attorney.

3368 (11) (a) An individual may not gather signatures under this section until after the

3369 individual files a notice of intent to gather signatures for candidacy described in this section.

3370 (b) An individual who files a notice of intent to gather signatures for candidacy,

3371 described in Subsection (3)(a) or (4)(a), is, beginning on the day on which the individual files

3372 the notice of intent to gather signatures for candidacy:

3373 (i) required to comply with the reporting requirements that a candidate for office is

3374 required to comply with; and

3375 (ii) subject to the same enforcement provisions, and civil and criminal penalties, that


- 126 -

3376 apply to a candidate for office in relation to the reporting requirements described in Subsection

3377 (11)(b)(i).

3378 [(e)] (c) Upon timely receipt of the signatures described in Subsections (8) and [(9)(a)]

3379 (9)(b), or Subsections (8) and (10)(b), the election officer shall, no later than one day before the

3380 day on which the qualified political party holds the convention to select a nominee for the

3381 elective office to which the signature packets relate, notify the qualified political party and the

3382 lieutenant governor of the name of each member of the qualified political party who qualifies

3383 as a nominee of the qualified political party, under this section, for the elective office to which

3384 the convention relates.

3385 [(f)] (d) Upon receipt of a notice of intent to gather signatures for candidacy described

3386 in this section, the lieutenant governor shall post the notice of intent to gather signatures for

3387 candidacy on the lieutenant governor's website in the same location that the lieutenant governor

3388 posts a declaration of candidacy.




3392 (1) "Approved device" means a device described in Subsection 20A-21-201(4).

3393 (2) "Candidate qualification process" means the process, described in Section

3394 20A-9-403 or 20A-9-408, of gathering signatures to seek the nomination of a registered

3395 political party.

3396 (3) "Electronic candidate qualification process" means the same as that term is defined

3397 in Section 20A-9-101.

3398 (4) "Electronic initiative process" means the same as that term is defined in Section

3399 20A-7-101.

3400 (5) "Electronic referendum process" means the same as that term is defined in Section

3401 20A-7-101.

3402 (6) "Manual candidate qualification process" means the same as that term is defined in


- 127 -

3403 Section 20A-9-101.

3404 (7) "Petition" means:

3405 (a) as it relates to the electronic initiative process or the electronic referendum process,

3406 the electronic record that an individual signs to indicate the individual is in favor of placing the

3407 initiative or referendum on the ballot; or

3408 (b) as it relates to electronic candidate qualification process, the electronic record that

3409 an individual signs to indicate the individual is in favor of placing an individual's name on the

3410 ballot to run for a particular elective office.

3411 (8) "Signature" means:

3412 (a) as it relates to a signature gathered for an initiative or referendum, the same as that

3413 term is defined in Section 20A-7-101; or

3414 (b) as it relates to a signature gathered for the candidate qualification process, the same

3415 as that term is defined in Section 20A-9-101.

3416 (9) "Website" means:

3417 (a) as it relates to the electronic initiative process or the electronic referendum process,

3418 the website designated by the lieutenant governor for collecting the signatures and other

3419 information relating to the electronic initiative process or the electronic referendum process; or

3420 (b) as it relates to the electronic candidate qualification process, a website designated

3421 by the lieutenant governor for collecting the signatures and other information relating to the

3422 electronic candidate qualification process.


3424 20A-21-201. Electronic signature gathering for an initiative, a referendum, or

3425 candidate qualification.

3426 (1) (a) After filing a petition for a statewide initiative or a statewide referendum, and

3427 before gathering signatures, the sponsors shall, after consulting with the Office of the

3428 Lieutenant Governor, sign a form provided by the Office of the Lieutenant Governor indicating

3429 whether the sponsors will gather signatures manually or electronically.


- 128 -

3430 (b) If the sponsors indicate, under Subsection (1)(a), that the sponsors will gather

3431 signatures electronically:

3432 (i) in relation to a statewide initiative, signatures for that initiative:

3433 (A) may only be gathered and submitted electronically, in accordance with this section

3434 and Sections 20A-7-215, 20A-7-216, and 20A-7-217; and

3435 (B) may not be gathered or submitted using the manual signature-gathering process

3436 described in Sections 20A-7-204, 20A-7-205, and 20A-7-206; and

3437 (ii) in relation to a statewide referendum, signatures for that referendum:




3441 described in Sections 20A-7-304, 20A-7-305, and 20A-7-306.

3442 (c) If the sponsors indicate, under Subsection (1)(a), that the sponsors will gather

3443 signatures manually:

3444 (i) in relation to a statewide initiative, signatures for that initiative:

3445 (A) may only be gathered and submitted using the manual signature-gathering process


3447 (B) may not be gathered or submitted electronically, as described in this section and

3448 Sections 20A-7-215, 20A-7-216, and 20A-7-217; and

3449 (ii) in relation to a statewide referendum, signatures for that referendum:




3453 Sections 20A-7-313, 20A-7-314, and 20A-7-315.

3454 (2) (a) After filing a petition for a local initiative or a local referendum, and before

3455 gathering signatures, the sponsors shall, after consulting with the local clerk's office, sign a

3456 form provided by the local clerk's office indicating whether the sponsors will gather signatures


- 129 -

3457 manually or electronically.

3458 (b) If the sponsors indicate, under Subsection (2)(a), that the sponsors will gather

3459 signatures electronically:

3460 (i) in relation to a local initiative, signatures for that initiative:





3465 (ii) in relation to a local referendum, signatures for that referendum:




3469 described in Sections 20A-7-604, 20A-7-605, and 20A-7-606.

3470 (c) If the sponsors indicate, under Subsection (2)(a), that the sponsors will gather

3471 signatures manually:

3472 (i) in relation to a local initiative, signatures for that initiative:




3476 Sections 20A-7-514, 20A-7-515, and 20A-7-516; and

3477 (ii) in relation to a local referendum, signatures for that referendum:




3481 Sections 20A-7-614, 20A-7-615, and 20A-7-616.

3482 (3) (a) After a candidate files a notice of intent to gather signatures to qualify for a

3483 ballot, and before gathering signatures, the candidate shall, after consulting with the election


- 130 -

3484 officer, sign a form provided by the election officer indicating whether the candidate will

3485 gather signatures manually or electronically.

3486 (b) If a candidate indicates, under Subsection (3)(a), that the candidate will gather

3487 signatures electronically, signatures for the candidate:

3488 (i) may only be gathered and submitted using the electronic candidate qualification

3489 process; and

3490 (ii) may not be gathered or submitted using the manual candidate qualification process.

3491 (c) If a candidate indicates, under Subsection (3)(a), that the candidate will gather

3492 signatures manually, signatures for the candidate:

3493 (i) may only be gathered and submitted using the manual candidate qualification

3494 process; and

3495 (ii) may not be gathered or submitted using the electronic candidate qualification

3496 process.

3497 (4) To gather a signature electronically, a signature-gatherer shall:

3498 (a) use a device provided by the signature-gatherer or a sponsor of the petition that:

3499 (i) is approved by the lieutenant governor;

3500 (ii) except as provided in Subsection (4)(a)(iii), does not store a signature or any other

3501 information relating to an individual signing the petition in any location other than the location

3502 used by the website to store the information;

3503 (iii) does not, on the device, store a signature or any other information relating to an

3504 individual signing the petition except for the minimum time necessary to upload information to

3505 the website;

3506 (iv) does not contain any applications, software, or data other than those approved by

3507 the lieutenant governor; and

3508 (v) complies with cyber-security and other security protocols required by the lieutenant

3509 governor;

3510 (b) use the approved device to securely access a website designated by the lieutenant


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3511 governor, directly, or via an application designated by the lieutenant governor;

3512 (c) while connected to the website, present the approved device to an individual

3513 considering signing the petition and, while the signature-gatherer is in the physical presence of

3514 the individual:

3515 (i) wait for the individual to reach each screen presented to the individual on the

3516 approved device; and

3517 (ii) wait for the individual to advance to each subsequent screen by clicking on the

3518 acknowledgement at the bottom of the screen.

3519 (5) Each screen shown on an approved device as part of the signature-gathering process

3520 shall appear as a continuous electronic document that, if the entire document does not appear

3521 on the screen at once, requires the individual viewing the screen to, before advancing to the

3522 next screen, scroll through the document until the individual reaches the end of the document.

3523 (6) After advancing through each screen required for the petition, the signature process

3524 shall proceed as follows:

3525 (a) except as provided in Subsection (6)(b):

3526 (i) the individual desiring to sign the petition shall present the individual's driver

3527 license or state identification card to the signature-gatherer;

3528 (ii) the signature-gatherer shall verify that the individual pictured on the driver license

3529 or state identification card is the individual signing the petition;

3530 (iii) the signature-gatherer shall scan or enter the driver license number or state

3531 identification card number through the approved device; and

3532 (iv) immediately after the signature-gatherer complies with Subsection (6)(a)(iii), the

3533 website shall determine whether the individual desiring to sign the petition is eligible to sign

3534 the petition;

3535 (b) if the individual desiring to sign the petition is unable to provide a driver license or

3536 state identification card to the signature gatherer:

3537 (i) the individual may present other valid voter identification;


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3538 (ii) if the valid voter identification contains a picture of the individual, the

3539 signature-gatherer shall verify that the individual pictured is the individual signing the petition;

3540 (iii) if the valid voter identification does not contain a picture of the individual, the

3541 signature-gatherer shall, to the extent reasonably practicable, use the individual's address or

3542 other available means to determine whether the identification relates to the individual

3543 presenting the identification;

3544 (iv) the signature-gatherer shall scan an image of the valid voter identification and

3545 immediately upload the image to the website; and

3546 (v) the individual:

3547 (A) shall enter the individual's address; and

3548 (B) may, at the discretion of the individual, enter the individual's date of birth or age

3549 after the individual clicks on the screen acknowledging that they have read and understand the

3550 following statement, "Birth date or age information is not required, but may be used to verify

3551 your identity with voter registration records. If you choose not to provide it, your signature may

3552 not be verified as a valid signature if you change your address before your signature is verified

3553 or if the information you provide does not match your voter registration records."; and

3554 (c) after completing the process described in Subsection (6)(a) or (b), the screen shall:

3555 (i) except for a petition to qualify a candidate for the ballot, give the individual signing

3556 the petition the opportunity to enter the individual's email address after the individual reads the

3557 following statement, "If you provide your email address, you may receive an email with

3558 additional information relating to the petition you are signing."; and

3559 (ii) (A) if the website determines, under Subsection (6)(a)(iv), that the individual is

3560 eligible to sign the petition, permit the individual to enter the individual's name as the

3561 individual's electronic signature and, immediately after the signature-gather timely complies

3562 with Subsection (10), certify the signature; or

3563 (B) if the individual provides valid voter identification under Subsection (6)(b), permit

3564 the individual to enter the individual's name as the individual's electronic signature.


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3565 (7) If an individual provides valid voter identification under Subsection (6)(b), the

3566 county clerk shall, within seven days after the day on which the individual submits the valid

3567 voter identification, certify the signature if:

3568 (a) the individual is eligible to sign the petition;

3569 (b) the identification provided matches the information on file; and

3570 (c) the signature-gatherer timely complies with Subsection (10).

3571 (8) For each signature submitted under this section, the website shall record:

3572 (a) the information identifying the individual who signs;

3573 (b) the date the signature was collected; and

3574 (c) the name of the signature-gatherer.

3575 (9) An individual who is a signature-gatherer may not sign a petition unless another

3576 individual acts as the signature-gatherer when the individual signs the petition.

3577 (10) Except for a petition for a candidate to seek the nomination of a registered

3578 political party, each individual who gathers a signature under this section shall, within one

3579 business day after the day on which the individual gathers a signature, electronically sign and

3580 submit the following statement to the website:

3581 "VERIFICATION OF SIGNATURE-GATHERER


3583 I, _____________________, of ______, hereby state, under penalty of perjury, that:


3585 All the signatures that I collected on [Date signatures were gathered] were signed by

3586 individuals who professed to be the individuals whose signatures I gathered, and each of the

3587 individuals signed the petition in my presence;

3588 I did not knowingly make a misrepresentation of fact concerning the law or proposed

3589 law to which the petition relates;

3590 I believe that each individual has signed the individual's name and written the

3591 individual's residence correctly, that each signer has read and understands the law to which the


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3592 petition relates, and that each signer is registered to vote in Utah;

3593 Each signature correctly reflects the date on which the individual signed the petition;

3594 and


3596 encourage that individual to sign it."

3597 (11) Except for a petition for a candidate to seek the nomination of a registered

3598 political party:

3599 (a) the county clerk may not certify a signature that is not timely verified in accordance

3600 with Subsection (10); and

3601 (b) if a signature certified by a county clerk under Subsection (6)(c)(ii)(A) is not timely

3602 verified in accordance with Subsection (10), the county clerk shall:

3603 (i) revoke the certification;

3604 (ii) remove the signature from the posting described in Subsection 20A-7-217(4),

3605 20A-7-315(3), 20A-7-516(4), or 20A-7-616(3); and

3606 (iii) update the totals described in Subsections 20A-7-217(5)(a)(ii),

3607 20A-7-315(5)(a)(ii), 20A-7-516(5)(a)(ii), and 20A-7-616(5)(a)(ii).

3608 (12) For a petition for a candidate to seek the nomination of a registered political party,

3609 each individual who gathers a signature under this section shall, within one business day after

3610 the day on which the individual gathers a signature, electronically sign and submit the

3611 following statement to the lieutenant governor in the manner specified by the lieutenant

3612 governor:

3613 "VERIFICATION OF SIGNATURE-GATHERER


3615 I, _____________________, of ______, hereby state that:


3617 All the signatures that I collected on [Date signatures were gathered] were signed by

3618 individuals who professed to be the individuals whose signatures I gathered, and each of the


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3619 individuals signed the petition in my presence;

3620 I believe that each individual has signed the individual's name and written the

3621 individual's residence correctly and that each signer is registered to vote in Utah; and

3622 Each signature correctly reflects the date on which the individual signed the petition."

3623 (13) For a petition for a candidate to seek the nomination of a registered political party,

3624 the election officer may not certify a signature that is not timely verified in accordance with

3625 Subsection (12).

3626 Section 62. Effective date.

3627 This bill takes effect on January 1, 2023, except that the changes to Section 20A-7-103

3628 take effect on May 4, 2022.

Enrolled Copy HB 218 1 BALLOT MEASURE AMENDMENTS

Documents

Transcript of Enrolled Copy HB 218 1 BALLOT MEASURE AMENDMENTS